The moot question arises to be determined here is whether in cases where the amount of default is less than 1 Crore, the Personal Guarantor can be treated as Insolvent and the application under Section 95 can be maintained against him.
NCLT Ahmedabad approved application filed u/s. 66 of the Companies Act, 2013 by Mahan Industries Limited for reduction of share capital as approved by the Shareholders by passing a Special Resolution.
NCLAT Delhi held that the Shareholders or Investors in CD are not to be treated as “person aggrieved” under the IBC. Thus, application filed by the shareholder under section 61 of the Insolvency and Bankruptcy Code is not maintainable
Analysis of the NCLT Chandigarh judgment on Haldirams Snacks and Haldiram Foods restructuring under Section 230-232 of the Companies Act, 2013.
Detailed analysis of NCLT Ahmedabad’s order on Suzlon Global Services Ltd and Suzlon Energy Ltd merger under Sections 230-232 of the Companies Act, 2013.
The application made by the Financial Creditor is complete in all respects as required by law. Therefore, the debt and default stand established and there is no reason to deny the admission of the Petition.
NCLT Delhi held that the proposals for settlement under section 12A of the IBC, 2016 made prior, to approval of the Resolution Plan, is rejected since the same was already considered by CoC and the same was not approved.
NCLT Hyderabad dismissed Kapston’s insolvency plea against Karvy, citing Karvy’s status as a financial service provider, and insufficient debt threshold.
The present Company petition is filed on 27/07/2023, under section 9 of the Insolvency and Bankruptcy Code, 2016, r/w. Rule 6 of the I&B (Application to Adjudicating Authority) Rules 2016, by JANUS GBAC LIMITED.
NCLT Hyderabad dismissed the application filed under section 9 of the Insolvency and Bankruptcy Code, 2016 for initiation of CIRP due to non-compliance of section 69(2) of the Indian Partnership Act, 1932
