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...
The National Company Law Tribunal (NCLT) approved the Resolution Plan, emphasizing the paramount importance of the CoC’s commercial wisdom in such matters. The approval included various directions regarding the plan’s implementation, extinguishment of existing shares, reliefs, amendments to MoA and AoA, and cessation of the moratorium.
In a case of transfer expenses, Mumbai ITAT directs to allow stamp duty & registration charges. Detailed analysis of the case provided here.
Supreme Court held that that the amounts covered by security deposits under the agreements constitute financial debt. Accordingly, section 5(7) of IBC categorizes the person as financial creditor if a financial debt is owned to it.
Dive into the NCLAT judgment on the implications for homebuyers under RERA, analyzing Section 7(1) of the IBC and the distinction between allottees and decree holders.
Learn about Karnataka High Court’s ruling on excluding period of stay in arbitral tribunal proceedings for calculating twelve-month limitation under Section 29A(1) of Arbitration and Conciliation Act, 1996.
Delhi HC explains why NFAC cannot invoke Section 144B of the Income Tax Act if a claim is not lodged within the Corporate Insolvency Resolution Process (CIRP) timeframe. Detailed analysis based on M Tech Developers Pvt. Ltd. Vs National Faceless Assessment Centre.
Join the discussion on MCA’s proposed changes to Insolvency and Bankruptcy Code rules. Learn how to participate and share your insights!
1. The NCLAT Delhi In Anil Agrawal v. Omega as per the attached Order Delivered on: 11.04.2023 The company was formed as a joint venture (JV) between Omega Engineering Holding BV (Omega Group) and an Indian partnership firm called Friends Refrigeration and Associates (FRA). Clause 8 of the JVA, it was the Petitioner who was to […]
In a case involving Ansal Crown Heights Flat Buyers Association vs. Ansal Crown Infrabuild Pvt. Ltd., the Supreme Court rules that the moratorium under Section 14 of the IBC does not prevent executing a decree against directors/officers.
Manyata Reallty Vs Registrar National Company Law Tribunal (Karnataka High Court) The legal landscape surrounding insolvency and bankruptcy has witnessed significant developments in recent years. One such provision is Section 95 of the Insolvency and Bankruptcy Code (IBC), 2016. This section deals with the maintainability of petitions before the National Company Law Tribunal (NCLT) against […]
