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Corporate Law : The Disciplinary Committee imposed a two-year suspension after finding failures in claim verification, unauthorized financial deci...
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 Appellate Tribunal upheld findings that the arrangement allowing the Successful Resolution Applicant to receive 50% of PUFE recoveries was contrary to the IBC framework. The recoveries were held to constitute assets of the Corporate Debtor.
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.
The Supreme Court held that insolvency proceedings under the IBC cannot be invoked merely to recover disputed dues arising from contractual transactions.
The High Court held that the State could not continue GST proceedings or block ITC after failing to submit its claim during the corporate insolvency resolution process. The impugned notice and ITC blockage were set aside.
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.
The order highlights that delayed applications, late progress reports, and non-compliance with filing requirements amounted to serious procedural lapses. IBBI emphasized strict adherence to timelines under the Insolvency and Bankruptcy Code.