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NCLT

NCLT Terminates CIRP of Sahara Hospitality as parties signed settlement

July 28, 2022 318 Views 0 comment Print

Delta Electro Mechanical Pvt. Ltd. Vs Sahara Hospitality Ltd. (NCLT Mumbai) NCLT Terminates CIRP of Sahara Hospitality as parties signed settlement whereby the parties have agreed to settle disputes amongst each other for an amount of Rs. 8,00,00,000/ The present application is filed under Section 12A of the Insolvency and Bankruptcy Code, 2016 read with […]

NCLT imposes penalty on Financial Creditor for Fraud & terminates CIRP

July 27, 2022 2676 Views 0 comment Print

The NCLT vide its order dated 18th July, 2022 terminated the corporate insolvency resolution process (CIRP) initiated against Videocon Infinity Infrastructure Private Limited (CD) and imposed a penalty of penalty of Rs.50 lakh on FC under section 65 of the Code.

Copy of Resolution Plan must be provided to Suspended Management of Corporate Debtor

July 26, 2022 1914 Views 0 comment Print

NCLT held that suspended management must be provided with copy of resolution plan. However, resolution professional can take an undertaking from members of erstwhile Board of Directors to maintain confidentiality.

RP cannot reject claims already reflected in information memorandum

July 25, 2022 1545 Views 0 comment Print

Since, the claims are appeared for audited balance sheet of the Corporate Debtor, it is a duty of the RP to consider it for inclusion in information memorandum.

Bid as ‘Going Concern’ to be Given Preference over Standalone Bid for Corporate Debtor

July 25, 2022 291 Views 0 comment Print

The liquidator put the clause in the tender document that in case the highest amount is offered by all the bidders and the bid amount is same then the bidder who wishes to purchase the Corporate Debtor as a going concern shall be declared to be the successful bidder.

Application of Amazon Group against initiation of CIRP of Future Retail Limited dismissed

July 21, 2022 987 Views 0 comment Print

NCLT held that Applicant is not even a stakeholder in respect of the Corporate Debtor and, a complete third-party to the proceedings before this Tribunal and has no locus standi to question initiation of proceedings under Section 7 of the Insolvency and Bankruptcy Code against the Corporate Debtor.

NCLT rejects approval of Conditional Resolution Plan of Anil Mega Food Park Pvt Ltd

July 17, 2022 3453 Views 0 comment Print

Ramchandra Dalaram Choudhary RP of Anil Mega Food Park Pvt Ltd Vs M2K Developers Pvt. Ltd. (NCLT Ahmedabad) NCLT Ahmedabad rejected approval of Conditional Resolution Plan of Anil Mega Food Park Pvt Ltd Hon’ble National Company Law Tribunal (NCLT), Ahmedabad in IA 843/2021 filed by Ramchandra Dalaram Choudhary RP of Anil Mega Food Park Pvt […]

Investment by Company Director is not an Operational Debt under IBC

July 14, 2022 951 Views 0 comment Print

Akshat Pandey Vs Avighna Films Private Limited (NCLT Kolkata) As envisaged under section 5(21) of the Code, an Operational Debt means a claim in respect of the provision of goods or services including employment or a debt in respect of the re-payment of dues arising under any law for the time being in force and […]

No protection under IBC against interest claim of a partner

July 10, 2022 1179 Views 0 comment Print

NCLT held that IBC does not protect the interest or claim of a Partner against another Partner or the Partnership Firm.

Corporate Insolvency Process initiated against Trident Sugars LTD

July 8, 2022 1173 Views 0 comment Print

Corporate Insolvency Resolution Process (CIRP) was initiated against Trident Sugars Ltd. and had appointed Mr. Medi Yadaiah as the Interim Resolution Professional (IRP) as the Corporate Debtor had neither paid the balance amount nor raised any dispute in respect of the quantity or the amount at any point of time.

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