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Explore how precise valuations influence CIRP outcomes, attract serious bidders, and prevent litigation in insolvency proceedings.
NCLAT Delhi held that resignation from directorship of Corporate Debtor not a sufficient ground leading to revocation of his personal guarantee. Accordingly, application u/s. 95 of the Insolvency and Bankruptcy Code rightly admitted for failure of repayment in respect of their guarantee obligation.
NCLAT Delhi held that acknowledgment of liability by Corporate Debtor in its balance sheets constitutes valid acknowledgement for both borrower and guarantor. Accordingly, the present appeal is allowed.
Orissa High Court held that filing of writ petition challenging adjudication order under section 73 of the GST Act after inordinate delay of around one year with adequate reasoning for inordinate delay cannot be entertained. Accordingly, writ petition is dismissed.
NCLAT Delhi held that once a transaction has been held to a fraudulent transaction there is no limitation to look back if the other ingredients of Section 66 (1) of the Insolvency and Bankruptcy Code are satisfied. Accordingly, appeal of appellants is dismissed.
The Tribunal held that the SARFAESI notice constituted a valid invocation of the guarantee and admitted the insolvency process. It ruled that the arbitral award refreshed limitation and objections on maintainability could not stand.
The Tribunal noted non-payment of significant dues, including EDC payable to ADA and tax liabilities, and admitted the Section 10 application, commencing CIRP and appointing an IRP.
The Tribunal admitted the insolvency petition after finding that the loan amount and default were undisputed. The ruling emphasizes that proven debt and default require admission under Section 7.
NCLAT Delhi held that debt arising from advance payment to corporate debtor for the supply of goods qualifies as operational debt under section 5(21) of the Insolvency and Bankruptcy Code, [IBC]. Accordingly, operational debt and default established hence section 9 application rightly admitted.
NCLT Mumbai held that an operational creditor, cannot be converted into a financial creditor by way of a Settlement with the corporate debtor. Accordingly, application for classification of claim as financial creditor dismissed.
