Company Law : The article examines the Hamlin Trust ruling, where the NCLAT held that CFO appointments must satisfy Section 203 eligibility requ...
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 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 invoice discounting through the TReDS platform does not convert operational debt into financial debt. The appeal w...
Corporate Law : Madras HC held that a pending NCLAT appeal did not prevent PNB from conducting a Swiss Challenge auction after the OTS proposal wa...
Company Law : The NCLAT held that CFO nominees must satisfy the eligibility requirements under Section 203 of the Companies Act. It set aside th...
Income Tax : NCLAT held that a single application covering multiple years and company officers is maintainable in the absence of any statutory ...
Corporate Law : Tribunal held that proviso to Regulation 7A allows insolvency professionals to continue assignments already underway even after th...
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 rejected the recall of its 01.02.2023 order and dismissed the condone delay application of 248 days, as appellant himself had requested withdrawal earlier.
The NCLAT Chennai has dismissed an appeal filed by a shareholder of a company undergoing CIRP, holding that an appeal at the behest of a shareholder is not maintainable.
NCLAT rules that personal guarantees cannot be invoked after a resolution plan, approved by the Committee of Creditors, agrees to their release upon payment.
NCLAT ruled that dues assessed post-moratorium and not claimed during CIRP cannot be enforced against the resolution applicant. Appeal dismissed.
NCLAT Delhi dismisses appeal, ruling that an insolvency process withdrawn under a settlement can be revived if the corporate debtor defaults on the agreed-upon terms.
NCLAT has rejected an appeal by Technio Business Solutions, citing a lack of credible reasons for a 172-day delay in refiling. NCLAT found the explanations to be baseless.
The NCLAT has dismissed an appeal by Saurabh Premprakash Chugh, upholding a lower court’s decision that his second insolvency application was barred by res judicata.
NCLAT Delhi held that Insolvency and Bankruptcy Code [IBC] being a time bound matter, refiling delay in appeals is not condonable without any strong and credible reasons. Accordingly, application for condonation of delay in refiling appeal rejected.
NCLAT Delhi held that appellant as a personal guarantor, has been deliberately avoiding participation in the Section 95 proceedings. Accordingly, initiation of proceeding u/s. 95 of the Insolvency and Bankruptcy Code against personal guarantor duly admitted by NCLT.
NCLAT Delhi held that extension of limitation u/s. 19 of the Limitation Act, 1963 not admissible since there was no acknowledgement by Corporate Debtor. Accordingly, rejection of application under section 9 rightly rejected as time barred.
