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...
Corporate Law : NCLAT held that foreign oil and gas assets owned through Videocon subsidiaries could not be included in the CIRP of Videocon Indus...
Corporate Law : NCLAT held that a joint venture arrangement did not prevent insolvency proceedings where separate agreements clearly imposed suppl...
Company Law : A resolution applicant could not unilaterally alter its financial proposal through a last minute addendum after completion of the ...
Corporate Law : NCLAT held that the Corporate Debtor’s email offering payment subject to acceptance of a consequence sheet amounted to acknowled...
Company Law : The Appellate Tribunal upheld findings that the arrangement allowing the Successful Resolution Applicant to receive 50% of PUFE re...
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 Delhi dismisses appeals by personal guarantors against Bank of Baroda, upholding NCLT’s direction for the bank to allow inspection of lending documents.
NCLAT Delhi ruled that IBBI has no authority to issue a general circular under Section 34(4)(b) recommending appointment of insolvency professionals other than IRP/RP as liquidator, reaffirming limits on IBBI’s regulatory powers.
NCLAT Delhi ruled that ESI contributions held by a Corporate Debtor are assets in trust of IBC, setting aside the NCLT’s order and excluding the amount from the liquidation estate.
NCLAT held that small disputed amounts below ₹1 crore do not justify Section 7 proceedings or penalties under Section 65 when debt is substantially repaid.
NCLAT rules that partial payment and ledger acknowledgment extend limitation period under Limitation Act, validating operational debt of Rs. 8.48 lakh against Indian Denim Limited.
NCLAT Delhi sets aside dismissal of Canara Bank’s Section 95 applications against personal guarantors, following Supreme Court ruling in Dilip B Jiwrajka on the role of resolution professionals under IBC.
NCLAT Delhi held that remote access to ERP to directors being engaged in competing business cannot be denied unless there is tangible evidence of misuse of company information by such directors. Accordingly, appeal stand disposed.
Technical Member’s prior role as HUDCO nominee director did not establish real danger or reasonable apprehension of bias. Tribunal held that the recall application lacked merit and was a belated attempt to reopen a matter that had already attained finality.
Appellate Tribunal held that the NCLT’s order replacing the Resolution Professional suffered from procedural irregularity and violation of natural justice. Replacement under Section 27 of the I&B Code must be done only through a CoC resolution with 66% voting however, since the RP himself failed to place the agenda for replacement, he could not claim advantage of that lapse. Accordingly, the impugned order was quashed, and the NCLT was directed to follow due procedure under Section 27, ensuring fair opportunity and compliance with law.
NCLAT holds that time spent in pending Debt Recovery Tribunal proceedings cannot be excluded under Section 14 of the Limitation Act; exclusion applies only if prior proceedings fail due to jurisdictional defect.
