Corporate Law : Everyone knows High Court and Supreme Court but few People like CA/CS/Lawyers know NCLT & NCLAT. Lets through light on this to...
Company Law : NCLT, Mumbai Bench dismissed the petition filed by Cyrus Mistry who incidentally owns about 18.3% (including preference capital) o...
Company Law : We all know that The Companies Act, 2013 provides for conversion from one type of a company to another. A Private Company can conv...
Company Law : As we all knows that Central Government notified NCLT Rules, 2016 on 21st of July, 2016 through notification in the official gazet...
Company Law : As per section 96 of CA, 2013, every Company (other than OPC) shall hold a general meeting annually (exclusive of any other meetin...
Company Law : Committee on review of penal provisions of Company Act 2013 submits final report to Shri Arun Jaitley. Recommends Restructuring of...
Company Law : The Ministry of Corporate Affairs Government proposes to set up National Company Law Tribunal (NCLT) and National Company Law Appe...
Company Law : The Government has said that it proposes to set up a ‘National Company Law Tribunal’ to consolidate the powers and jurisdictio...
Company Law : The ministry of corporate affairs (MCA) has started a round of consultations with the law ministry on the feasibility of setting u...
Company Law : To set up a Company Law Tribunal without further delay, the Ministry of Corporate Affairs has begun consultations to make the nece...
Corporate Law : Held that a statutory institution like CoC which is in most of the cases represented by public financial institutions is expected ...
Income Tax : From the report there does not appear any request of the Resolution Professional for issuance of the instructions for the purpose ...
Corporate Law : The Tribunal held that in the absence of any power of recall or review being available to the Tribunal, the present case at hand d...
Company Law : Mrs. Nagappan Swarnalatha Vs M/s. Colour Books Associates Private Limited (National Company Law Tribunal) 1) We hereby declared th...
Corporate Law : This is the case, where despite moratorium order, Municipal Authorities have sealed the Corporate Office/Registered Office of the ...
Corporate Law : Filling up of the posts in the National Company Law Appellate Tribunal on deputation basis. The National Company Law Appellate Tri...
Company Law : President, National Company Law Tribunal hereby constitutes the following Benches for the purpose of exercising and discharging th...
Company Law : Central Government hereby constitutes the National Company Law Tribunal, Kochi Bench at Kochi and for the said purpose hereby make...
Income Tax : The undersigned is directed to say that by virtue of implementation of Insolvency & Bankruptcy Code (IBC) 2016 after the repeal of...
Company Law : Board has decided that request/appeal for restoration of name of the 'struck off' company with retrospective date from the date of...
Held that a statutory institution like CoC which is in most of the cases represented by public financial institutions is expected to act in a fair and neutral manner so that the objects of IBC, 2016 can be achieved for the benefit of all.
Filling up of the posts in the National Company Law Appellate Tribunal on deputation basis. The National Company Law Appellate Tribunal invites applications for filling up of the following posts on deputation basis: –
From the report there does not appear any request of the Resolution Professional for issuance of the instructions for the purpose of conducting negotiations between the debtor and creditors for arriving at the repayment plan. Therefore, based on the reasons recorded in the report submitted by the Resolution Professional
The Tribunal held that in the absence of any power of recall or review being available to the Tribunal, the present case at hand does not fall within the confines of Section 420 of the Companies Act, 2013 nor Rule 11 of the NCALT Rules, 2016. As recourse, the Applicant should have approached the Appellate Tribunal under Section 61 of the Code.
Mrs. Nagappan Swarnalatha Vs M/s. Colour Books Associates Private Limited (National Company Law Tribunal) 1) We hereby declared that the incorporation of M/s. Colour Books Associates Private Limited (Respondent No.1 Company, is vitiated by fraud and consequently, the Certificate of Incorporation dated 14th May, 2018 issued by the Government of India, Ministry of Corporate Affairs, […]
President, National Company Law Tribunal hereby constitutes the following Benches for the purpose of exercising and discharging the Tribunal’s powers and functions:
This is the case, where despite moratorium order, Municipal Authorities have sealed the Corporate Office/Registered Office of the Corporate Debtor. Section 238 of the IBC, 2016 provides the overriding effect. Moratorium order has been passed under Section14 of the IBC on 15.10.2018. After that Municipal Corporation had no authority to seal the property of the Corporate Debtor.
Gaurav Pandey Vs Eternity Investment Services Pvt. Ltd. & Anr. (National Company Law Appellate Tribunal, Delhi) 30.11.2018 On 16th November, 2018 when the matter was taken up, the following order was passed : “Apart from other issues raised in the appeal it is contended by learned senior counsel representing the Appellant (Corporate Debtor) that a settlement […]
Everyone knows High Court and Supreme Court but few People like CA/CS/Lawyers know NCLT & NCLAT. Lets through light on this topic in very simple language for better understanding of student and Public at Large. Introduction: – NCLT, National Company Law Tribunal is a quasi-judicial body to regulate and resolve Civil Corporate disputes. Whereas, NCLAT, […]
In a memorable and consequential judgement, in the matter of Nikhil Mehta & Sons (HUF)&Or’s vs M/s AMR Infrastructure Ltd (CA No. 811(PB/2018 in IB-02(pb)/2017, it has been upheld that the voting threshold in the IBC are merely directory in nature and that preference can be taken to decision taken by the largest percentage in the Committee of Creditors in case of a deadlock. For a homebuyer or commercial property buyer, both of them involved in this case, the judge made an eventful judgement which approved the appointment of Interim Resolution Professional as Resolution Professional and that agenda items 4, 6 to 9 were also deemed to have been approved by majority of Committee of Creditors
