Corporate Law : Explore recent Supreme Court rulings on dissenting creditor rights and set-off claims in insolvency cases. Detailed analysis of ke...
Corporate Law : Explore significant legal developments, Supreme Court verdicts, and detailed analyses in the Q4 2023 newsletter. Stay informed on ...
Corporate Law : Explore the vital role of the Insolvency and Bankruptcy Code (IBC) in protecting employee rights during corporate insolvency, high...
Corporate Law : NCLAT rules shareholders have no standing to challenge resolution plans in insolvency cases, emphasizing creditors control and com...
Corporate Law : Explore significant developments in Indian insolvency law with key cases from July to September 2023. Dive into legal analysis, ve...
Corporate Law : Join the discussion on MCA's proposed changes to Insolvency and Bankruptcy Code rules. Learn how to participate and share your ins...
Corporate Law : NATIONAL COMPANY LAW APPELLATE TRIBUNAL Checklist for Appeals under Companies Act, 2013 & Insolvency and Bankruptcy Code, 2016...
Company Law : NATIONAL COMPANY LAW APPELLATE TRIBUNAL Checklist for Appeals under Competition Act, 2002 Appeals to be in the Form appended to â€...
Company Law : Union Minister for Finance and Corporate Affairs Smt. Nirmala Sitharaman inaugurated the Chennai Bench of National Company Law App...
Company Law : National Company Law Appellate Tribunal Revised Standard Operating Procedure for Ld. Advocate/ Authorised Representative/Party-in-...
Corporate Law : NCLAT Delhi upholds NCLT decision against Rolta Private Limited's assignment agreement as malafide, prolonging CIRP process. Full ...
Company Law : Explore the detailed judgment in the Grand Developers Pvt. Ltd. vs. Nitin Batra & Ors. case by NCLAT Delhi, including key argument...
Corporate Law : Explore the implications of creditors initiating insolvency proceedings against personal guarantors under Section 95(1) of IBC in ...
Corporate Law : NCLAT Delhi rules NCLT lacks jurisdiction to modify appointed dates in commercial schemes once the Company Board approves. Read th...
Corporate Law : Explore the NCLAT judgment in Sanjay Kumar vs. Gannon Dunkerley & Co, emphasizing NCLT's limited jurisdiction under IBC in cases o...
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...
Corporate Law : Central Government appoints Judicial and Technical Members in National Company Law Appellate Tribunal (NCLAT) for a period of four...
Adjudicating Authority under Rule 43 of NCLT Rules, 2016, can call for any information or evidence as it may consider necessary in its discretion
Dinesh Mehta Vs Amit Kumar Mehta (NCLAT Delhi) This Appeal has been filed with 197 days delay in refiling the Appeal. Learned counsel for the Appellant submits that a document was to be filed alongwith the Appeal which has foreign origin – Sharjah, United Arab Emirates. He submits that time was taken to obtain translated […]
Since remanding of a resolution plan back to Committee of Creditors (COC) on the grounds of the procedural deviations raised by a dissenting minority in class of creditors, would render the CIRP a never ending process and was against the time bound resolution objective of the IBC.
If suit of Appellant is decreed, the claim being contingent, Appellant shall be entitled to claim from Successful Resolution Applicant
NCLAT held that time period of 7 days for removal of defects is directory and refiling after removal of defects not amounts to a fresh filing.
NCLAT held that Order passed by the Adjudicating Authority cannot be recalled on basis of overruling of the earlier Judgment. Otherwise, the litigation would never come to an end.
NCLAT held that Banker’s Certificate is not mandatorily required to trigger CIRP under Section 9 of IBC, 2016 (Code).
Held that once the Liquidator applies to NCLT, to adopt particular mode of sale of movable and immovable assets of the Corporate Debtor, which is approved by NCLT, there is no provision in the IBC that empowers NCLAT to suo motu conduct a judicial review of the said decision.
Excise and Taxation Department Vs Allied Strips Ltd. & Anr. (NCLAT) This case has been called out after a pass over but no one has put in appearance on behalf of the Appellant. It seems that the Appellant is not interested in pursuing this appeal though a claim has been set up of an amount […]
SC held that refiling of Application after curing defects in Application not amount to fresh filing of Application for counting limitation.
