Explore ICICI Prudential Real Estate AIF’s attempt to initiate Corporate Insolvency Resolution Process (CIRP) against Nandi Vardhan Infrastructure Limited. Understand the NCLT Mumbai ruling on whether a resolution applicant’s commitment constitutes a financial debt.
Dive deep into NCLT Mumbai ruling in Central Bank of India vs. Superfine Profile and Extrusions Pvt. Ltd. Uncover implications of date of default for corporate guarantors
Dive into the legal battle of Chiragsala Sales vs. Vaishno Devi Traders at NCLT Guwahati. Explore the complex issue of financial debt, investment, and the implications under sec. 7 of the Code.
NCLT Delhi held that an amalgamation of a Sole Proprietorship Firm with a Company is not permissible under the law. Thus, Merger and Amalgamation of sole proprietorship firm and company is not possible u/s 232 of Companies Act, 2013.
NCLT Ahmedabad held that the amount of TDS deducted under section 194-IA on assets sold during the process of liquidation should be returned (refunded) back by income tax department into the account of Corporate Debtor.
Condonation of 92 days delay due to medical difficulty of officer in charge was allowed as liquidation proceedings were still underway, and the admission of claim which was a statutory dues would not derail/protract the liquidation proceedings in respect of the Corporate Debtor.
Servicer of aircraft lessors had no locus standi to file insolvency proceedings against SpiceJet in absence of privity of contract as it was only the Servicer and Administrative Agent of the respective lessors and had inter-se arrangement with lessors in form of Servicing Agreements and applicant was not a ‘Operational Creditor’ in the instant case.
NCLT Hyderabad Held that Airport Authority of India being a statutory body created under Airport Authority of India Act, 1944, does not come under the definition of ‘corporate person’ u/s. 3(7) of IBC. Therefore, proceedings under IBC could not have been initiated against them.
NCLT Delhi’s landmark judgment in Agson Global vs. Prodalim B.V clarifies its role in settlement payments. Breach doesn’t trigger CIRP. Full order text included.
NCLT Delhi held that it may order winding up of a Company, the name of which has been struck off, but no power can be exercised for Insolvency Resolution under the Insolvency and Bankruptcy Code, 2016, unless the name of the Company is restored
