Company Law : The article examines the Hamlin Trust ruling, where the NCLAT held that CFO appointments must satisfy Section 203 eligibility requ...
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 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...
Corporate Law : NCLAT held that invoice discounting through the TReDS platform does not convert operational debt into financial debt. The appeal w...
Corporate Law : Madras HC held that a pending NCLAT appeal did not prevent PNB from conducting a Swiss Challenge auction after the OTS proposal wa...
Company Law : The NCLAT held that CFO nominees must satisfy the eligibility requirements under Section 203 of the Companies Act. It set aside th...
Income Tax : NCLAT held that a single application covering multiple years and company officers is maintainable in the absence of any statutory ...
Corporate Law : Tribunal held that proviso to Regulation 7A allows insolvency professionals to continue assignments already underway even after th...
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...
NCLAT held that invoice discounting through the TReDS platform does not convert operational debt into financial debt. The appeal was dismissed as the appellant merely acquired assigned trade receivables and did not disburse funds to the corporate debtor.
Madras HC held that a pending NCLAT appeal did not prevent PNB from conducting a Swiss Challenge auction after the OTS proposal was rejected.
The NCLAT held that CFO nominees must satisfy the eligibility requirements under Section 203 of the Companies Act. It set aside the appointment order after finding the first two nominations were made through secondment arrangements and were ineligible.
The article examines the Hamlin Trust ruling, where the NCLAT held that CFO appointments must satisfy Section 203 eligibility requirements. It discusses the implications for private companies voluntarily appointing KMPs.
NCLAT held that a single application covering multiple years and company officers is maintainable in the absence of any statutory prohibition.
Tribunal held that proviso to Regulation 7A allows insolvency professionals to continue assignments already underway even after their Authorisation for Assignment expires. Ruling distinguishes continuation of existing assignments from acceptance of fresh assignments.
The NCLAT held that although the claim arose from the supply of goods and qualified as an operational debt, genuine disputes existed before the demand notice. As a result, insolvency proceedings under Section 9 of the IBC were held to be not maintainable.
NCLAT held that the appellant failed to prove the alleged deposit was made to the respondent company, as the records showed the money was credited to the Kerala Trade Centre. The appeal was dismissed with liberty to pursue remedies against the appropriate entity.
The NCLAT allowed the Extraordinary General Meeting (EOGM) to proceed but directed that any resolution passed at the meeting should not be implemented until the NCLT decides the pending company petition.
NCLT Kolkata held that a Senior Assistant Director of the SFIO could file a winding-up petition where the Central Government had issued a valid authorisation. The Tribunal dismissed the challenge to the petition’s maintainability.
