Delayed submission by one day of the Resolution Plan by the Applicant should be condoned as it had not caused any delayed or prejudice to the interests of any of the parties or has affected the timelines of CIRP.
NCLT Amravati held that the approach of the creditor in filing the proof of due service of the demand notice straightway before Adjudicating Authority, without placing the same before the resolution professional, is improper.
NCLT Chandigarh approves the resolution plan for Suman Villas Pvt Ltd, submitted by Max Heights Infrastructure Ltd. Key details of the process and decision.
NCLT Amravati held that application filed by SBI (creditor) u/s. 95 of the Insolvency and Bankruptcy Code, 2016 for initiation of insolvency procedure dismissed as demand notice not served to Personal Guarantor on correct address.
NCLT Mumbai rules in favor of Piramal Capital, allowing Insolvency Professional Entities to be appointed as Resolution Professionals in the case of Notion Real Estate.
NCLT Bengaluru held that claims filed at a belated stage after approval of resolution plan by the Committee of Creditors (CoC) cannot be allowed. Thus, resolution professional rightly rejected such belated claims.
NCLT Mumbai held that as per section 32A of the Insolvency Bankruptcy Code, 2016, the Corporate Debtor shall not be held liable for offences prior to the commencement of Corporate Insolvency Resolution Process (CIRP).
NCLT Chennai held that once the resolution plan is approved by Committee of Creditors, only limited judicial review is available for the Adjudicating Authority u/s. 30(2) and Section 31 of IBC, 2016 and this Adjudicating Authority cannot venture into the commercial aspects of the decisions taken by the Committee of Creditors.
NCLT Bengaluru held that ‘right fees’ for which operational creditor (BCCI) is liable to be paid by Corporate Debtor (BYJU’s) falls within the definition of ‘operational debt’ within section 5(21) of the Code. Hence, petition filed u/s 9 to initiate CIRP accepted.
ITAT Delhi held that written off of obsolete inventory allowable as prepared in accordance with accounting standards and duly got prepared audited report of an independent auditor.
