Corporate Law : Supreme Court landmark judgment in Greater Noida Industrial Development Authority vs. Prabhjit Singh Soni clarifies creditor right...
Corporate Law : Explore recent Supreme Court rulings on dissenting creditor rights and set-off claims in insolvency cases. Detailed analysis of ke...
Company Law : Discover how to lift a bank account freeze due to company strike off. Learn the steps under Companies Act, 2013, to restore your b...
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 : Discover how the latest revisions in CIRP forms by IBBI aim to reduce the compliance burden on insolvency professionals and stream...
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 : Explore the impact of the LLP (Amendment) Act, 2021 on Ease of Doing Business, startup encouragement, and the introduction of Smal...
Corporate Law : Central Bureau of Investigation has arrested an Interim Resolution Professional (IRP), National Law Tribunal (NCLT), Mumbai and tw...
Company Law : Over the years, for violations under the Companies Act, 2013 the government had been filing criminal cases as per the provisions o...
CA, CS, CMA : Read the full NCLT judgment/order on Union of India Vs CA. Ramaiah Nataraja. Bengaluru CA barred from statutory auditor role for c...
Corporate Law : Detailed analysis of the NCLT Mumbai judgment in SBI vs Navjeevan Tyres, addressing issues of loan recall notice and corporate gua...
Company Law : Read the full NCLT judgment where Zee Entertainment Enterprises Limited sought to withdraw its merger with Sony Groups, impacting ...
Custom Duty : Gujarat High Court abates customs tax appeals in Commissioner Of Customs (Preventive) Vs General Foods Ltd., citing IBC Sections 3...
Company Law : Explore the implications of issuing duplicate debenture certificates under the Companies Act, 2013. Learn about legal remedies, as...
Corporate Law : Read about the case involving Chetan Patel, an Insolvency Professional, with detailed analysis of alleged contraventions and submi...
Corporate Law : IBBI Disciplinary Committee suspends Sanjay Singh, an Insolvency Professional, for irregularities in the e-auction process. Detail...
Company Law : Explore the order dated 03.02.2024 from NCLT Chandigarh transferring all pending cases from Bench 2 to Bench 1. Detailed analysis ...
Corporate Law : Filling up of 05 (Five) posts of Judicial Member and 05 (Five) posts of Technical Members in the National Company Law Tribunal (NC...
Corporate Law : The Ministry of Corporate Affairs announces the appointment of new Judicial and Technical Members in the National Company Law Trib...
NCLT held that documents being forged or not cannot be determined by the National Company Law Tribunal as National Company Law Tribunal is not a forum for adjudication of fraud.
SC upheld NCLT interim directions, including constitution of CoC for Eco Village Project-II only; the said project to be completed with assistance of ex-management whereas other projects, apart from Eco Village-II, were ordered to be continued as ongoing projects.
NCLT conclude that in Section 10 proceedings, though there is no mandatory requirement of issuing notice to the Creditor(s) at the pre-admission stage, rather giving notice to the Creditor(s) is a matter of discretion to be exercised on a case-to-case basis on valid grounds.
Next Education India Private Limited Vs K12 Techno Services Private Limited (Supreme Court of India) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 17-03-2021 passed by the National Company Law Appellate Tribunal (NCLAT), New Delhi, Principal Bench in Company Appeal (AT) (Insolvency) No.98/2019, by which the NCLAT has dismissed the said appeal […]
Uncover the multifaceted role of the National Company Law Tribunal (NCLT) beyond debt recovery, exploring its significance in fair and efficient resolution of corporate disputes under the Insolvency and Bankruptcy Code (IBC). Delve into key provisions, court interpretations, and the NCLTs crucial role in promoting resolution over liquidation for distressed corporate debtors. Stay informed on the evolving landscape of insolvency laws in India.
NCLT Mumbai held that as date of default is beyond 25th March 2020, the default as alleged by Operational Creditor falls under the purview of Section 10A of the IBC, 2016 and hence application seeking initiation of CIRP rejected.
Provisions of Section 9 of IBC mandates Operational creditor to file CIRP application against Corporate Debtor after expiry of 10 days from date of receipt of demand notice by Corporate Debtor,
NCLT Mumbai while dealing with Company Petition filed u/s. 9 of the Insolvency & Bankruptcy Code, 2016 held that debts arising from different work order(s) can be clubbed to satisfy the minimum threshold limit.
NCLT Hyderabad held that condonation of delay in filing the claim without indicating any sufficient reasons not acceptable as length of the delay is immaterial, but the reasons for condonation of delay matters.
NCLT Chandigarh held in contract of guarantee, the liability of the principal borrower and guarantor(s) is joint and several. Even if, either the principal borrower or guarantor has been discharged then the other party would not stand discharged automatically till the liability is met out or discharged.