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 held that application for initiation of Corporate Insolvency Resolution Process [CIRP] under section 7 of the Insolvency and Bankruptcy Code, 2016 against corporate debtor admitted as financial debt and default thereon duly established.
The Tribunal held that allegations of siphoning ₹30 lakh were not supported by any evidence tracing funds to the respondent. Mere non-reflection in books was found insufficient to establish fraud. The ruling clarifies that concrete proof of diversion and intent is required under Section 66(1).
The tribunal held that default arose after valid invocation of the corporate guarantee and non-payment within the notice period. It ruled that the Section 7 petition was within limitation and debt and default were established.
The tribunal held that alleged disputes on quality were raised only after the demand notice and lacked prior evidence. It admitted the petition after finding operational debt and default clearly established.
The tribunal noted that the invoice was issued before the alleged execution date of the agreement, raising questions about the authenticity of the claim and leading to dismissal of the insolvency petition.
The Tribunal admitted the voluntary insolvency application after examining financial statements, bank records, and other documents showing continuing default. It held that the application was complete and complied with Section 10 of the Insolvency and Bankruptcy Code.
NCLT Mumbai admitted a Section 10 application after finding the company had defaulted on over ₹65 crore in financial and operational debt and was unable to repay its liabilities.
NCLT Chandigarh held that successive written acknowledgments by the borrower extended the limitation period under Section 18 of the Limitation Act. The tribunal admitted the Section 7 IBC petition as it was filed within the extended limitation period.
The Tribunal admitted the insolvency petition after determining that the borrower failed to repay outstanding dues despite recall notice and partial payment. A moratorium under Section 14 of the IBC was declared.
The Tribunal initiated CIRP under Section 7 after finding undisputed debt exceeding ₹10.91 crore and admission of insolvency by the Corporate Debtor.
