The NCLT allowed dissolution of the corporate debtor after finding that all remaining disputed assets and avoidance transaction claims had been assigned under Regulation 37A. The Tribunal held that no further realizable assets remained for liquidation.
The NCLT Mumbai held that a director diverted rental income from corporate debtor properties through forged leave and license agreements. The Tribunal ordered refund of the diverted amounts with 12% interest and referred the matter to the IBBI for further action.
NCLT Mumbai held that existence of an arbitration clause in the MoU did not bar initiation of CIRP under Section 7 of the IBC. The Tribunal admitted the insolvency plea after finding sufficient evidence of financial debt and default.
NCLT Mumbai held that protections available under the MSMED Act and RBI revival framework do not bar initiation of CIRP once financial debt and default are established. The Tribunal admitted the Section 7 application after finding default exceeding Rs. 24 crore.
The Tribunal examined a case where a resolution plan initially failed to secure required votes but was later approved after re-voting, ultimately achieving 100% CoC approval.
NCLT held that inclusion of a prospective bidder in an email chain was an isolated inadvertent act caused by auto-suggest and not a deliberate breach of confidentiality. The Tribunal found no evidence of mala fide intent or unfair advantage.
The Tribunal held that the financial creditor successfully established the existence of financial debt and default through documentary evidence including loan agreements, bank statements, and email acknowledgments.
SREI Equipment Finance Limited Vs SRK Infracon (India) Private Ltd (NCLT Hyderabad) The National Company Law Tribunal admitted an application under Section 7 of the Insolvency and Bankruptcy Code, 2016, for initiation of Corporate Insolvency Resolution Process (CIRP) against a corporate debtor after finding clear existence of financial debt, continuing default, and a valid claim […]
The NCLT Bengaluru admitted insolvency proceedings against the Corporate Debtor after finding that loan documents, statements of accounts, and recall notices established existence of debt and default. The Tribunal held that once default is proved under Section 7 of the IBC, admission of the petition follows.
NCLT Mumbai held that the impugned intra-group assignment transaction did not prejudice creditors or alter their position. The Tribunal ruled that essential ingredients of fraudulent trading under Section 66 of the IBC were not established.