Company Law : The MCA introduced a risk-based eligibility framework allowing more companies to access fast-track mergers. By replacing size crit...
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 : The Supreme Court upheld joint insolvency proceedings against two interconnected real estate companies due to common management an...
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 : The NCLT held that insolvency proceedings against a personal guarantor cannot proceed unless the guarantee has been specifically i...
Corporate Law : The NCLT dismissed the insolvency application after finding that the agreements forming the basis of the alleged operational debt ...
Company Law : While approving the resolution plan, NCLT clarified that exemptions relating to taxes, duties, and statutory compliances must be o...
Corporate Law : Although the Scheme was sanctioned, the Tribunal clarified that the Income Tax Department remained free to investigate any tax imp...
Company Law : The Tribunal admitted insolvency proceedings after finding documentary evidence of operational debt, part payment, ledger confirma...
Corporate Law : The order permits single judicial members to handle procedural and uncontested matters. It ensures faster case disposal while pres...
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 ...
NCLT Mumbai rejected the application u/s. 30(6) of the Insolvency and Bankruptcy Code [IBC] seeking approval of resolution plan since the same didn’t meet all the criteria laid down in sub-section (2) of Section 30 of the Code read with Regulations 36A and 39 of the CIRP Regulations.
NCLT Mumbai held that application u/s. 30(6) of Insolvency and Bankruptcy Code for approval of resolution plan filed by resolution professional of M/s. Acme Realities Private Limited stands approved as Resolution Plan meets the requirements of the I & B Code and the IBBI Regulations.
NCLT Mumbai admitted application u/s. 9 of the Insolvency and Bankruptcy Code [IBC] for initiating CIRP against Corporate Debtor since operational creditor duly established existence of operational debt and default.
NCLT Mumbai held that application filed under section 7 of the Insolvency and Bankruptcy Code by Financial Creditor for initiation of Corporate Insolvency Resolution Process [CIRP] against Corporate Debtor is admitted as debt and default thereof proved.
NCLT Mumbai admitted CIRP application filed u/s. 9 of the Insolvency and Bankruptcy Code by operational creditor [Unisafe Fire Protection Specialists India Pvt. Ltd.] against Corporate Debtor [Digizone Technology Private Limited] since application is complete and default is proved.
The NCLT Mumbai has ruled that Section 14 of the IBC does not prevent banks from classifying a company’s account as fraud, even while the Corporate Insolvency Resolution Process (CIRP) is pending. The tribunal dismissed a petition by the Resolution Professional of Rolta India.
The Delhi High Court allows a Resolution Professional to hold a CoC meeting, ruling that all decisions are subject to the outcome of a pending NCLT proceeding.
In the instant case, the dispute pertained to promoter and inter-corporate loans advanced to the respondent-corporate debtor Palchan Bhang Power Private Limited (PBPPL) between 2011 and 2014 for the development of the Palchan Bhang Hydro Electric Project.
Where CoC, in exercise of its commercial wisdom, rejected all resolution plans and approved liquidation with 100% voting share, NCLT must order liquidation of the Corporate Debtor under Section 33(2) of IBC.
The Interim Resolution Professional should perform all his functions as contemplated, inter-alia, by Sections 15, 17, 18, 19, 20 & 21 of the Code and transact proceedings with utmost dedication, honesty and strictly in accordance with the provisions of the Code, Rules and Regulations.
