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NCLT

NCLT Kochi: Rs. 50,000 Cost Levied on GST Department for Violating Moratorium

February 26, 2024 1119 Views 0 comment Print

Explore the NCLT Kochi judgment imposing a cost of Rs. 50,000 on the GST department for search and seizure during the moratorium in the K. Easwara Pillai vs. GST Department case.

Commercial contract for purchase of NCDs is not ‘financial debt’: NCLT Mumbai

February 22, 2024 333 Views 0 comment Print

Understanding the recent NCLT Mumbai case between Edelweiss and Ajmera Realty. Find out the legal arguments, implications, and findings in this comprehensive article.

Liquidator obliged to explain delays in liquidation process under IBC, 2016

February 18, 2024 372 Views 0 comment Print

Learn from the NCLT Chennai judgment in State of Tamil Nadu Vs S. Rajendran about the liquidator’s obligation to explain delays in the liquidation process under IBC, 2016.

Non-Acceptance of Goods Doesn’t Constitute Operational Debt under IBC: NCLT

February 16, 2024 369 Views 0 comment Print

Explore the NCLT judgment in Adishank vs. Baerlocher case under Section 9 of IBC. Analysis of non-acceptance of goods as operational debt, dispute resolution, and implications

Provisions of IBC overrides provisions of State enacted law: NCLT Hyderabad

February 15, 2024 243 Views 0 comment Print

NCLT Hyderabad held that the provisions of the Insolvency & Bankruptcy Code, 2016 (IBC) override the provisions of the State enacted law, such as, Andhra Pradesh Revenue Recovery Act, 1864.

Financial debt not barred by limitation: NCLT Delhi

February 13, 2024 366 Views 0 comment Print

NCLT Delhi held that ‘financial debt’ is not barred by limitation. Accordingly, application filed by the CFM Asset Reconstruction Private Limited, the Financial Creditor, u/s. 7 of the Code for initiating CIRP against M.G. Finvest Private Limited, the Corporate Debtor, stands admitted.

Application claiming reliefs by successful bidder must be in consonance with process document

February 13, 2024 309 Views 0 comment Print

NCLT Kolkata held that successful bidder of the Corporate Debtor is allowed to file application before Adjudicating Authority claiming reliefs and concessions, however, such reliefs and concessions cannot be too elaborate and general and must be in consonance with process document in the liquidation proceedings.

Settlement in IBC Section 7 Proceedings Does Not Conclude Section 43 Actions: NCLT

February 13, 2024 408 Views 0 comment Print

NCLT Mumbai clarifies in Black Rock Financial Services vs Piramal Capital case: Settlement or dropping Sec. 66 doesn’t end proceedings under Sec. 43 automatically.

Simultaneous CIRP Allowed for Principal Borrower & Corporate Guarantor: NCLT

February 12, 2024 543 Views 0 comment Print

NCLT Kolkata allows simultaneous Corporate Insolvency Resolution Process (CIRP) against State Bank of India and Anupriya Management Private Limited, the corporate guarantor.

Properties covered under approved resolution plan cannot be provisionally attached u/s 5(1) of PMLA

February 10, 2024 402 Views 0 comment Print

NCLT Hyderabad held that provisional order of attachment u/s. 5(1) of the PMLA of the properties of the corporate debtor covered under the approved resolution plan would not wipe of the protection available to such properties u/s. 32A of I&B Code.

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