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NCLAT

Latest Articles


Latest Case Law Related to IBC – January-Mar, 2024

Corporate Law : Explore recent Supreme Court rulings on dissenting creditor rights and set-off claims in insolvency cases. Detailed analysis of ke...

May 16, 2024 453 Views 0 comment Print

Latest Case Law Related to IBC – October to December 2023

Corporate Law : Explore significant legal developments, Supreme Court verdicts, and detailed analyses in the Q4 2023 newsletter. Stay informed on ...

February 19, 2024 1392 Views 0 comment Print

Fate of Employees, When Employers Faces IBC Proceedings : A Legal Analysis

Corporate Law : Explore the vital role of the Insolvency and Bankruptcy Code (IBC) in protecting employee rights during corporate insolvency, high...

February 11, 2024 2169 Views 0 comment Print

‘Shareholder’ cannot challenge Resolution Plan: NCLAT Chennai

Corporate Law : NCLAT rules shareholders have no standing to challenge resolution plans in insolvency cases, emphasizing creditors control and com...

February 9, 2024 900 Views 0 comment Print

Latest Case Law Related to IBC – July to September 2023

Corporate Law : Explore significant developments in Indian insolvency law with key cases from July to September 2023. Dive into legal analysis, ve...

October 31, 2023 771 Views 0 comment Print


Latest News


Latest Case Law Related to IBC – April to June 2023

Corporate Law : SC rules on Special Court jurisdiction; NCLAT redefines financial debt; HC upholds IBBI regulations and addresses various insolven...

August 14, 2024 285 Views 0 comment Print

Pendency in NCLT & NCLAT: Latest Data & Government Measures

Company Law : Explore the current status of pending cases in NCLT and NCLAT as of August 2024, reasons for delays, and the government's strategi...

August 6, 2024 147 Views 0 comment Print

Notice inviting comments, by MCA, on review of rules prescribed under IBC 2016

Corporate Law : Join the discussion on MCA's proposed changes to Insolvency and Bankruptcy Code rules. Learn how to participate and share your ins...

April 19, 2024 669 Views 0 comment Print

NCLAT Checklist for Appeals under Companies Act, 2013 & IBC, 2016

Corporate Law : NATIONAL COMPANY LAW APPELLATE TRIBUNAL Checklist for Appeals under Companies Act, 2013 & Insolvency and Bankruptcy Code, 2016...

April 10, 2021 1479 Views 0 comment Print

NCLAT Checklist for Appeals under Competition Act, 2002

Company Law : NATIONAL COMPANY LAW APPELLATE TRIBUNAL Checklist for Appeals under Competition Act, 2002 Appeals to be in the Form appended to �...

April 10, 2021 897 Views 0 comment Print


Latest Judiciary


NCLAT Affirms Adjudicating Authority’s Power to Determine Fees & Expenses of RP

Company Law : NCLAT Delhi upholds the jurisdiction of the Adjudicating Authority to determine fees and expenses of the Resolution Professional i...

August 14, 2024 174 Views 0 comment Print

Electricity supply during CIRP essential hence RP can take coercive step to collect amount for its payment: NCLAT Delhi

Corporate Law : NCLAT Delhi held that electricity supply by NPCL, being in nature of supply of essential goods, was necessary to be continued duri...

July 30, 2024 108 Views 0 comment Print

Resolution professional not personally liable for payment made with approval of CoC: NCLAT Delhi

Company Law : NCLAT Delhi held that personal liability cannot be fastened on Resolution Professional for any payment made after CIRP, where such...

July 30, 2024 132 Views 0 comment Print

RERA Allottee Financial Creditors Must Meet Threshold for Section 7 IBC Application

Corporate Law : NCLAT Delhi ruled that financial creditors who are allottees under RERA must meet the threshold criteria to file a Section 7 appli...

July 20, 2024 261 Views 0 comment Print

NCLAT Raps Practising Company Secretary Over Filing Appeal with Voluminous Records

Corporate Law : Read the full text of the NCLAT judgment/order in A. Vijayan & Ors. vs Silver Line Retreat Hotels Pvt. Ltd. Understand why the tri...

July 20, 2024 387 Views 0 comment Print


Latest Notifications


Related Party Transaction Allegation: IBBI Directs IP to Submit NCLAT Order

Corporate Law : IBBI orders disciplinary action against Mr. S Vasudevan for alleged violations in the insolvency process of Mega Foods Products Ma...

August 12, 2024 231 Views 0 comment Print

IBBI Suspends IP for Non-Compliance with NCLAT Directive and Delayed CoC Meetings during CIRP

Corporate Law : IBBI suspends IP for Failure to act during CIRP despite NCLAT directive and for Delay in convening Committee of Creditors (CoC) me...

June 6, 2024 255 Views 0 comment Print

IBBI suspends IRP for sharing asset memorandum with prospective bidders

Corporate Law : Read about the IBBI's disciplinary action against Mr. Venkata Sivakumar, an Interim Resolution Professional, for sharing asset mem...

April 9, 2024 333 Views 0 comment Print

NCLAT Job Vacancies for Judicial & Technical Members: Application Guide

Corporate Law : Govt issued a circular detailing vacancies for Judicial & Technical Members posts in NCLAT with detailed guide to apply for these...

June 6, 2023 861 Views 0 comment Print

Reporting to CICs – Report Cases admitted with NCLT/NCLAT under IBC 2016 – RBI

Fema / RBI : It is clarified that cases admitted with National Company Law Tribunal (NCLT)/National Company Law Appellate Tribunal (NCLAT) unde...

December 13, 2022 846 Views 0 comment Print


IRP can reduce admitted claim based on Arbitration award

April 21, 2023 1032 Views 0 comment Print

NCLAT held that The Resolution Professional has calculated the claim of the Appellant as per the award dated 19.01.2018. Appellant who has himself initiated the Arbitration Proceeding cannot deny that he is bound by the award which was delivered in his favour.

NCLAT cannot condone delay Beyond 15 Days, much Less 45 Days

April 21, 2023 633 Views 0 comment Print

Diwakar Sharma Vs Anand Sonbhadra (NCLAT Delhi) The issue in this case is as to whether the delay caused in filing of the appeal much beyond the period of 45 days can be condoned by NCLAT? Section 61 of Code deals with the Appeals and Appellate Authority. Section 61(1) of IBC, 2016 provides for a […]

NCLT cannot determine controversy of attachment of property under Prohibition of Benami Property Transactions Act

March 27, 2023 1509 Views 0 comment Print

NCLAT Chennai held that National Company Law Tribunal (NCLT) is not proper Fora to determine the controversies revolving around the attachment of property under the Prohibition of Benami Property Transactions Act, 1988.

Amount duly payable to liquidator as assets proved to be fictitious/ fraudulent

March 27, 2023 750 Views 0 comment Print

NCLAT Chennai held that as assets proved to be fictitious/ fraudulent and seems to have been created in books of accounts with an intent to defraud the creditors. Accordingly, amount duly payable to liquidator for distribution under section 53 of I&B Code, 2016.

Explanation u/s 14(1)(d) of IBC doesn’t apply to lease premium amount and lease rent

March 24, 2023 3681 Views 0 comment Print

NCLAT Delhi held that explanation under section 14(1)(d) of the Insolvency and Bankruptcy Code, 2016 (IBC) doesn’t apply to lease premium amount and lease rent.

Adjudicating Authority cannot issue final direction without hearing the Appellant: NCLAT

March 14, 2023 399 Views 0 comment Print

Rajasthan State Mines & Minerals Ltd Vs Parag Sheth & Ors (NCLAT Delhi) It is observed that direction issued by the Adjudicating Authority are final direction allowing an application filed by the RP without issuing notice to the Appellant. Learned Counsel for the Appellant submits that the directions could not have been issued without hearing […]

Is Reverse CIRP solving problems of Allottees/Buyers of Flat/Apartment/Shops?

March 10, 2023 3495 Views 0 comment Print

Explore the efficacy of Reverse CIRP in addressing issues faced by allottees/buyers of properties. Analyze the impact of legal decisions on this insolvency resolution process.

Striking off companies name due to default in submitting statutory record due to some internal disputes is unsustainable

March 6, 2023 1479 Views 0 comment Print

NCLAT Delhi held that striking off of the companies name due to default in submitting of a statutory record because of some internal disputes among the shareholders and management is unsustainable in law.

Person filing CIRP application is liable to bear expense/ fees of Interim Resolution Professional

March 1, 2023 7848 Views 0 comment Print

NCLAT Delhi held that regulation 33 of Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016, the operational credit (i.e. the person filing CIRP application) is liable to bear the expense/ fees of Interim Resolution Professional.

Dues of income tax department classifiable as secured creditors

February 23, 2023 3804 Views 0 comment Print

NCLAT Delhi held that the dues of income tax department are Government dues and they are secured creditors.

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