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Corporate Law : RTI inquiry into NCLT/NCLAT reveals member vacancies, lack of consolidated case data, and opaque appointments, highlighting need f...
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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...
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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...
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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...
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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 appeal highlighted that the flat sought to be released did not appear in the ED’s list of attached properties. The Tribunal found that the adjudicating authority should have independently verified this fact instead of shifting responsibility to the financial creditor. It set aside the impugned order and directed a fresh decision based on a complete examination of records.
The tribunal held that the resolution plan was invalid because several valuable properties were omitted from the Information Memorandum. The ruling emphasises that all assets must be valued and disclosed, and security interests cannot be extinguished without legal basis.
Tribunal upheld CoC’s power under Section 27 to replace Resolution Professional, ruling that a pending challenge to CoC’s constitution cannot block appointment.
NCLAT Delhi held that that Provisional Attachment Order has to be treated to cease by virtue of legislative scheme under Section 32A of the Insolvency and Bankruptcy Code and there is no necessity to obtain any order by the SRA from the adjudicating authority under the PMLA.
NCLAT Delhi held that Prospective Resolution Applicant or unsuccessful Resolution Applicant doesn’t have vested right to challenge a resolution process or an approved resolution plan. Accordingly, appeal is dismissed.
NCLAT Chennai grants extended period of 60 days to make full and final payment for execution of Scheme of Arrangement. Accordingly, order is quashed and extension of 60 days is allowed.
NCLAT Delhi held that direction to resolution professional to release the amount to Gujarat State Tax Department treating it as secured creditor under Section 48 of the Gujarat Value Added Tax Act, 2003 is justifiable as NCLT is obliged to apply decision of Supreme Court.
NCLAT Delhi held that present appeal is not maintainable as shareholder is not a person aggrieved under section 61 of the Insolvency and Bankruptcy Code. Accordingly, order admitting CIRP u/s. 7 sustained.
NCLAT Delhi held that rejection of claim in CIRP of corporate debtor justified since Appellants failed to establish the crucial aspect of transfer of monies to the bank account of Corporate Debtor for purchase of flats.
The tribunal dismissed the Section 9 application because the applicant failed to establish valid service of the Section 8 notice. The ruling stresses that insolvency proceedings cannot commence without strict compliance with notice requirements.
