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NCLT

No Hearing Mandated for RP Appointment under IBC: NCLT

June 15, 2024 786 Views 0 comment Print

Read about NCLT’s ruling on the appointment of a Resolution Professional under IBC Section 97(5) in the case of Siri Kishan Aggarwal.

Role of RP is only that of facilitator between Personal Guarantor & Creditors

June 9, 2024 1341 Views 0 comment Print

NCLT clarifies RP’s role is consulting PG, while debtor must prepare repayment plan. Read the detailed analysis of Indiabulls Housing Finance Ltd. Vs Subhash Chandra.

Bank Documents for Asset Reconstruction Exempt from Stamp Duty under SARFAESI Act

June 4, 2024 1131 Views 0 comment Print

Legal analysis of SARFAESI Act: Exemption from stamp duty for documents favoring asset reconstruction. Case: Assets Care Vs Ankit Metal (NCLT Kolkata).

NCLT Convicts Port Authority Officers for Contempt of Court

May 31, 2024 786 Views 0 comment Print

NCLT convicts Port Authority officers for contempt of court in ICICI Bank Ltd Vs Lanco Babandh Power Ltd case. Detailed analysis of the disobedience of court orders and legal implications.

CIRP Can Be Initiated Against Corporate Debtor Even on Principal-Agent Relationship

May 31, 2024 1008 Views 0 comment Print

NCLT Mumbai rules that CIRP can be initiated against Prime Cargo Movers despite their claim of being a mere agent, holding them liable for debts.

Mere Omission of Date Doesn’t Invalidate Bankers Book Evidence Act Certificate: NCLT Chandigarh

May 28, 2024 1746 Views 0 comment Print

NCLT determined that the certificate under the Bankers Book Evidence Act, 1891, despite lacking a date, was valid as it was duly signed. They emphasized that the omission of the date did not invalidate the certificate.

NCLT Cannot Set Aside Arbitral Award During IBC Moratorium

May 24, 2024 1218 Views 0 comment Print

NCLT Kolkata rules it cannot annul an arbitral award during an IBC moratorium. Detailed analysis of Mahavir Industrial Corporation vs Hindustan Controls & Equipment Pvt Ltd.

Advance for Share Allotment Not a Financial Debt under IBC: NCLT

May 24, 2024 834 Views 0 comment Print

Delve into the NCLT Kolkata case of Mittson Fille Enterprise vs. Sammaan Ventures Limited regarding share application money and financial debt under the IBC. Analysis of key arguments and findings.

Post approval of resolution plan by CoC, no new claims should be entertained: NCLT Mumbai

May 22, 2024 783 Views 0 comment Print

The NCLT Mumbai ruled that claims filed after CoC approval of a resolution plan cannot be admitted, emphasizing the need for timely claim submissions in CIRP.

Detention charges qualifies as operational debts under IBC: NCLT

May 22, 2024 501 Views 0 comment Print

Get insights into the NCLT Mumbai judgment regarding detention charges as operational debts under the IBC. Detailed analysis of ABC India Ltd. Vs Prabhakar Engineers Pvt. Ltd. case.

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