Company Law : The article explains that eligible Government companies require Central Government approval under Sections 230–232. NCLT approva...
Company Law : The Tribunal held that its wide powers under Sections 241-242 and Rule 11 cannot override the mandatory conditions prescribed unde...
Fema / RBI : RBI amended the Cross Border Merger Regulations to replace NCLT-specific references with the broader term "Competent Authority." T...
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 : 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...
Company Law : NCLT retained the freeze on assets citing serious SFIO findings but ordered defreezing of the salary account and family members' a...
Corporate Law : NCLT admitted the Section 9 petition after holding that campaign-related emails did not constitute a genuine pre-existing dispute....
Corporate Law : NCLT Amaravati held that the corporate debtor's OTS proposals constituted acknowledgments of debt, giving rise to a fresh limitati...
Corporate Law : NCLT held that courts cannot interfere with CoC's commercial decisions where the resolution plan satisfies statutory requirements....
Corporate Law : NCLT held TReDS reverse factoring dues remained operational debt, not financial debt, making a Section 7 IBC insolvency petition n...
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 ...
The NCLT Ahmedabad refused to condone a 4,215-day delay in filing an appeal for restoration of a struck-off company. The Tribunal held that the delay was not satisfactorily explained and the alleged subsisting bank charge no longer existed, leaving no sufficient cause for condonation.
The NCLT Mumbai held that participation and voting in the first creditors’ meeting did not amount to relinquishment of a secured creditor’s security interest. It ruled that the bank remained entitled to enforce its security under the SARFAESI Act.
The NCLT Bengaluru directed the bank to hand over the original title deeds after finding that the successful resolution applicant had paid the entire amount under the approved resolution plan. It held that pending litigation over interest did not justify withholding the documents.
The NCLT Bengaluru admitted the CIRP application after finding that the corporate debtor had expressly acknowledged the operational debt and default. It held that financial hardship did not defeat admission under the IBC.
The NCLT Chennai directed meetings of shareholders and unsecured creditors to consider a composite scheme involving demerger and amalgamation. The order lays down the process for stakeholder approval under Sections 230–232 of the Companies Act.
The NCLT Chennai waived equity shareholder meetings after both shareholders of the transferor and transferee companies consented to the amalgamation through affidavits. It directed meetings only for unsecured creditors.
NCLT Guwahati restored the company’s name after finding that it continued to own immovable property and had contemporaneous records showing business operations before its strike-off. The Tribunal held that these facts justified restoration under Section 252(3), while directing compliance with all pending statutory requirements.
The NCLT Bengaluru permitted amendment of the date of default in a Section 9 petition after holding that the change merely aligned the pleadings with the existing factual foundation. It ruled that the amendment did not introduce a new cause of action.
NCLT Chennai permitted revision of the company’s FY 2019-20 financial statements after finding that the Inter Corporate Deposit, interest income, and cash flow entries were inadvertently misclassified. The Tribunal held that the corrections were necessary to present a true and fair view under Section 129 and satisfied the requirements of Section 131 of the Companies Act.
The NCLT Chennai admitted a Section 9 insolvency petition after holding that the corporate debtor failed to establish a genuine pre-existing dispute. It found that the objections regarding quality and adjustments were unsupported by contemporaneous evidence.
