Corporate Law : Explains how recent tribunal decisions shaped the rules for selling corporate debtors as going concerns, highlighting compliance...
Corporate Law : The Tripartite Agreement Trap: When Banks Lose Financial Creditor Status in Real Estate Insolvency This case memo discussed the ru...
Corporate Law : NCLAT holds that time spent in pending Debt Recovery Tribunal proceedings cannot be excluded under Section 14 of the Limitation Ac...
Corporate Law : RTI inquiry into NCLT/NCLAT reveals member vacancies, lack of consolidated case data, and opaque appointments, highlighting need f...
Corporate Law : The NCLAT ruled that provident fund dues are not corporate debtor assets and must be paid in full during CIRP, prioritizing them o...
Corporate Law : The Supreme Court upheld joint insolvency proceedings against two interconnected real estate companies due to common management an...
Corporate Law : From 2022-23 to 2024-25, appeals filed at NCLAT rose steadily, with IBC cases forming the majority, reflecting active engagement i...
Corporate Law : Supreme Court ruled that CoC and RP can surrender financially burdensome assets voluntarily, clarifying moratorium under section 1...
Corporate Law : SC clarifies limits of High Court's writ powers in IBC cases and recognises Indian CIRP as foreign main proceeding in cross-border...
Corporate Law : NCLT & NCLAT eligibility criteria, insolvency rules, and case statistics from 2022-2024. Updates on financial irregularities and r...
Company Law : The NCLAT held that winding-up proceedings transferred to the NCLT must satisfy the threshold applicable under the IBC at the time...
Company Law : Resolution Professional (RP) was fully justified in seeking possession through the insolvency process itself, the NCLAT affirmed t...
Corporate Law : Finvin Investor Private Limited Vs Orix Leasing and Financial Services Limited (NCLAT Delhi) The National Company Law Appellate Tr...
Corporate Law : NCLAT held that a bidder’s exclusion due to an unresolved platform issue warranted reconsideration, especially when a higher off...
Corporate Law : Tribunal ruled that contempt punishment requires clear charges, show-cause notice, and opportunity of hearing before penal action....
Corporate Law : IBBI orders disciplinary action against Mr. S Vasudevan for alleged violations in the insolvency process of Mega Foods Products Ma...
Corporate Law : IBBI suspends IP for Failure to act during CIRP despite NCLAT directive and for Delay in convening Committee of Creditors (CoC) me...
Corporate Law : Read about the IBBI's disciplinary action against Mr. Venkata Sivakumar, an Interim Resolution Professional, for sharing asset mem...
Corporate Law : Govt issued a circular detailing vacancies for Judicial & Technical Members posts in NCLAT with detailed guide to apply for these...
Fema / RBI : It is clarified that cases admitted with National Company Law Tribunal (NCLT)/National Company Law Appellate Tribunal (NCLAT) unde...
The NCLAT held that winding-up proceedings transferred to the NCLT must satisfy the threshold applicable under the IBC at the time of consideration. Since the operational debt claims were below Rs. 1 crore, the petitions were held to be non-maintainable.
Resolution Professional (RP) was fully justified in seeking possession through the insolvency process itself, the NCLAT affirmed the NCLT’s eviction order and held that separate eviction suits were not a prerequisite for reclaiming assets owned by a corporate debtor during CIRP.
Finvin Investor Private Limited Vs Orix Leasing and Financial Services Limited (NCLAT Delhi) The National Company Law Appellate Tribunal (NCLAT), Delhi, disposed of two appeals arising from the same order dated 04.06.2024 passed by the National Company Law Tribunal (NCLT), Mumbai Bench, concerning an application filed under Sections 43, 66, 67 and 70 of the […]
NCLAT held that a bidder’s exclusion due to an unresolved platform issue warranted reconsideration, especially when a higher offer was available.
Tribunal ruled that contempt punishment requires clear charges, show-cause notice, and opportunity of hearing before penal action. NCLAT set aside contempt directions after finding that no individual officers were identified before ordering imprisonment.
The NCLAT held that unregistered profit-sharing agreements do not create leasehold or occupancy rights in immovable property. The tribunal upheld eviction of the occupant from the corporate debtor’s hotel premises during CIRP.
NCLAT held that the order appointing the Resolution Professional under Section 97 was obtained on the basis of misrepresented and non-existent jurisdictional facts relating to the alleged personal guarantee. Accordingly, the impugned order was set aside as void ab initio.
NCLAT held that challenges to the approved resolution plan could not be reopened after earlier proceedings had attained finality. The appeal was dismissed as an attempt to re-agitate settled issues.
NCLAT held that dismissal for want of prosecution was unjustified where multiple adjournments were caused by the Tribunal due to paucity of time and technical issues. The ruling emphasizes that litigants should not be penalized when delays are not entirely attributable to them.
Fee reduction of ₹50,000 for the Interim Resolution Professional (IRP) ordered by NCLT was reasonable, given that the IRP’s role was restricted by an interim stay on the constitution of the Committee of Creditors (CoC) between February 28 and September 1, 2023.
