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 Chennai held that as per the Insolvency and Bankruptcy Code [IBC] there is no provision to ‘provisionally’ constitute the Committee of Creditors [CoC]. Thus, CoC once constituted is final and cannot be revised by IRP.
NCLAT Chennai held that provisions of section 60(1) of the Insolvency and Bankruptcy Code prescribes that question of jurisdiction has to be raised at the very first available instance and not at the stage when the proceedings have been concluded.
NCLAT Delhi closes the Corporate Insolvency Resolution Process [CIRP] of corporate debtor since construction of flats is completed and possession is handed over to all the claimant homebuyers and there is no claimant left.
NCLAT Chennai held that time limit prescribed under Regulation 2B of the IBBI (Liquidation Process) Regulations, 2016 for completing and operationalising scheme of arrangement u/s. 230 of the Companies Act is only directory and not mandatory. Accordingly, extension of further 90 days granted.
NCLAT Delhi held that order deserved to be set aside since it is unreasoned order and further reasonable and sufficient opportunity not granted as envisaged in Rule 37 of NCLT Rules, 2016 and hence the same is in violation of principles of natural justice.
NCLAT Delhi held that application under section 7 of the Insolvency and Bankruptcy Code [IBC] is duly admissible since default occurred subsequent to section 10A period. Accordingly, order upheld and appeal dismissed.
NCLAT allows CIRP withdrawal for SE Transstadia Pvt. Ltd. after Bank of Baroda and other lenders agree to a Gujarat government-backed revival and restructuring plan.
NCLAT dismissed an appeal against a CIRP order but granted appellant liberty to seek a withdrawal of proceedings under Section 12A if a settlement is reached.
NCLAT set aside an NCLT order that maintained a liquidator’s status quo in a voluntary liquidation. NCLAT held that Corporate Debtor, not NCLT, has statutory authority to replace a liquidator under Insolvency and Bankruptcy Code.
Appellant contended that as the SAP did not submit the balance sale consideration within a period of 90 days in terms of the auction document, it was contended that the Liquidator should have cancelled the auction.
