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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 429 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 1341 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 1755 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 777 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 759 Views 0 comment Print


Latest News


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 645 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 1434 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 â€...

April 10, 2021 885 Views 0 comment Print

FM inaugurates Chennai Bench of NCLAT

Company Law : Union Minister for Finance and Corporate Affairs Smt. Nirmala Sitharaman inaugurated the Chennai Bench of National Company Law App...

January 25, 2021 507 Views 0 comment Print

Revised SOP for Mentioning the matter for hearing through virtual mode before NCLAT

Company Law : National Company Law Appellate Tribunal Revised Standard Operating Procedure for Ld. Advocate/ Authorised Representative/Party-in-...

August 9, 2020 1086 Views 0 comment Print


Latest Judiciary


NCLT Upholds RP’s Stance on Malafide Assignment for Indirect CoC Representation

Corporate Law : NCLAT Delhi upholds NCLT decision against Rolta Private Limited's assignment agreement as malafide, prolonging CIRP process. Full ...

July 14, 2024 165 Views 0 comment Print

Pending Section 230 Companies Act Scheme Doesn’t Bar CIRP Admission: NCLAT

Company Law : Explore the detailed judgment in the Grand Developers Pvt. Ltd. vs. Nitin Batra & Ors. case by NCLAT Delhi, including key argument...

July 3, 2024 303 Views 0 comment Print

Creditors can file CIRP through a authorized Resolution Professional

Corporate Law : Explore the implications of creditors initiating insolvency proceedings against personal guarantors under Section 95(1) of IBC in ...

June 30, 2024 276 Views 0 comment Print

NCLT should not interfere with commercial wisdom of company’s stakeholders: NCLAT

Corporate Law : NCLAT Delhi rules NCLT lacks jurisdiction to modify appointed dates in commercial schemes once the Company Board approves. Read th...

June 21, 2024 444 Views 0 comment Print

Pre-existing dispute cannot be decided in a summary procedure: NCLAT Delhi

Corporate Law : Explore the NCLAT judgment in Sanjay Kumar vs. Gannon Dunkerley & Co, emphasizing NCLT's limited jurisdiction under IBC in cases o...

June 21, 2024 165 Views 0 comment Print


Latest Notifications


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 231 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 312 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 846 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 837 Views 0 comment Print

Govt appoints Judicial & Technical Members in NCLAT

Corporate Law : Central Government appoints Judicial and Technical Members in National Company Law Appellate Tribunal (NCLAT) for a period of four...

July 22, 2022 324 Views 0 comment Print


Default in settlement agreement amount not an operational debt

October 11, 2022 3045 Views 0 comment Print

NCLAT Delhi held that default of instalment of Settlement Agreement does not come within the definition of operational debt as it does not fall within the definition of additional debt as per Section 5(21) of the IBC.

NCLAT Imposes Rs. 2 Lakhs Cost on appellant for indulging in frivolous litigation

October 5, 2022 1041 Views 0 comment Print

SGA Fashion Pvt. Ltd. Vs CMA Sandeep Kumar Bhatt (NCLAT Delhi) The documentary evidence on record establishes that the Appellant herein contended before the Learned Adjudicating Authority that pre-bidding qualification will not bind the bidders and sought for relief to be granted under the eligibility criteria at Clause 1.15 of the tender document. Having sought […]

Can an Insolvent company be classified as a Going Concern entity?

October 2, 2022 1425 Views 0 comment Print

Understanding the concept of a going concern entity in insolvency. Learn about the legal aspects and recovery prospects for lenders in corporate liquidation.

Admitting claim of financial creditors without scrutinizing Form C documents is untenable

September 22, 2022 1662 Views 0 comment Print

Held that the voting share in the CoC is extremely relevant and important element in the CIRP. Resolution Professional needs to verify and scrutinize the documents submitted with Form C before admitting/ accepting claim of financial creditors.

NCLAT Upholds Dismissal of CIRP petition despite opposition by Financial Creditor as Corporate Debtor Willing to Pay Full Amount

September 19, 2022 1320 Views 0 comment Print

Adjudicating Authority has only given an opportunity to the Corporate Debtor to deposit the entire defaulted amount for which Section 7 Application was filed, within 45 days with liberty reserve to the Financial Creditor to revive the Section 7 Application in event the amount is not deposited.

Unregistered sale deed cannot be considered for claim under IBC on immovable property

September 19, 2022 1215 Views 0 comment Print

Sabita A. Biswas Vs Vinodkumar Pukhraj Ambavat (NCLAT Delhi) Appellant sought direction to Resolution Professional to accept the claim. Appellant has filed claim in Form-C along with the claim, Appellant has also filed photocopy of unregistered sale deed engrossed on Rs. 100/- and stamp paper allegedly executed before the Notary on 13.01.2015. The Adjudicating Authority […]

Should Section 10A of IBC be applicable to Personal Guarantor?

September 19, 2022 6489 Views 0 comment Print

NCLAT Delhi, in Amit Jain v. Siemens Financial Services Pvt. Ltd held that Section 10A of IBC, 2016 is applicable only to corporate debtor & not to personal guarantor of corporate debtor

Initiation of CIRP cannot be barred based on SEBI order

September 17, 2022 4545 Views 0 comment Print

Held that initiation of CIRP under I&B code cannot be nullified by any order passed by SEBI nor can be a ground to reject an application.

NCLAT judgement on Key Managerial Personals (KMPs)

September 14, 2022 5505 Views 0 comment Print

Section 203 of Companies Act, 2013 states that every listed company and every other public company having a paid-up share capital of ten crore rupees shall have the CFO as whole-time key managerial personnel.

Limitation countable From Date of Certified Copy Preparation, Not Delivery

September 13, 2022 717 Views 0 comment Print

Limitation is to be counted not from the date of delivery of the certified copy but from the date of preparation of certified copy: NCLAT

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