Company Law : The case examined whether extending redemption timelines amounts to reissuance. The Tribunal held that extensions within statutory...
Corporate Law : This analysis explains how NCLT continues to respect CoC commercial wisdom but now intervenes when procedures, legality, or fairne...
Corporate Law : RTI inquiry into NCLT/NCLAT reveals member vacancies, lack of consolidated case data, and opaque appointments, highlighting need f...
Corporate Law : The NCLT has ruled that banks can classify accounts as fraudulent during IBC proceedings, clarifying that a moratorium does not sh...
Corporate Law : NCLT rules that the IBC's moratorium applies to all proceedings against a corporate debtor, including quasi-judicial and assessmen...
Company Law : ICSI raised concerns over delays in NCLT hearings affecting corporate restructuring and insolvency matters. It emphasized the need...
Company Law : ICSI has urged the government to set up an NCLT Bench in Pune citing 30,600 pending cases and prolonged insolvency timelines. The ...
Company Law : With insolvency cases taking up to 853 days against the 330-day mandate, concerns over NCLT backlog have intensified. A new bench ...
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 : Bank of India Vs Neurostar Hospital Private Limited (NCLT Mumbai) The application was filed under Section 7 of the Insolvency and ...
Corporate Law : The issue involved rejection of a delayed claim in bankruptcy proceedings. The Tribunal held that concealment of material facts by...
Corporate Law : The tribunal permitted substitution of original petitioners with a new shareholder after transfer of shares. The key takeaway is t...
Corporate Law : NCLT Mumbai held that application under section 9 of the Insolvency and Bankruptcy Code for initiation of Corporate Insolvency Res...
Corporate Law : The Tribunal held that default under the loan agreement existed independently of the arbitral award challenge. It ruled that absen...
Corporate Law : Details of Judicial and Technical Members assigned to NCLT benches across India as per the latest order issued by the Ministry of ...
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...
NCLT Mumbai held that resolution plan of Corporate Debtor [Shivom Investment and Consultancy Limited] as submitted by Successful Resolution Applicant [Prashantbhai Ghanshyambhai Ukani] stands approved as meets the requirement of section 30(2) of the Insolvency and Bankruptcy Code.
NCLT Delhi held that CIRP application under section 7 of the Insolvency and Bankruptcy Code dismissed as the applicant is primarily seeking to recover its dues, rather than facilitating the resolution of the Corporate Debtor, who is solvent and operational.
NCLT Mumbai held that the claims of electricity department stand settled on distribution of liquidation estate by the liquidator. Hence, withholding of electricity connection due to payment of dues prior to issuance of sale certificate not justified.
The NCLT has ruled that banks can classify accounts as fraudulent during IBC proceedings, clarifying that a moratorium does not shield against regulatory actions.
Resolution plan for Steadfast Shipping Private Limited was approved under Section 31 of the Insolvency and Bankruptcy Code, 2016, after finding that the plan met all requirements under Section 30(2) of the Code and was approved by the Committee of Creditors (CoC) with 100% voting share.
NCLT Mumbai held that application for initiation of Corporate Insolvency Resolution Process [CIRP] admissible since default of debt due and payable is established and default is in excess of minimum amount stipulated under IBC.
NCLT rules that the IBC’s moratorium applies to all proceedings against a corporate debtor, including quasi-judicial and assessment proceedings, upholding its purpose as a protective shield.
NCLT Delhi held that Fixed Deposit Receipts FDRs standing in the name of the Corporate Debtor constitute financial assets and form an integral part of the Corporate Debtors estate. Thus, resolution professional is directed to approach concerned bank and request defreezing of FDRs to ensure control over the same.
The government provides details on pending cases at the NCLT, including year-wise and sector-wise breakdowns and measures being taken to expedite resolutions.
NCLT Ahmedabad held that application for initiation of Corporate Insolvency Resolution Process [CIRP] filed by Financial Creditor [SBI] u/s. 7 of IBC against Corporate Debtor [Raninga Paper Mills Private Limited] is admitted as existence of financial debt and default demonstrated.
