Search Results for Tag : NCLAT
Notifications & Circulars
Finance Minister Smt Nirmala Sitharaman inaugurates the Chennai Bench of National Company Law Appellate Tribunal(25.01.2021)
Union Minister for Finance and Corporate Affairs Smt. Nirmala Sitharaman inaugurated the Chennai Bench of National Company Law Appellate Tribunal (NCL.....
Tags : Inauguration, Chennai Bench, NCLAT
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News
NCLAT: Guarantors’ Assets Cannot be Liquidated Under IBC(08.03.2018)
National Company Law Appellate Tribunal (NCLAT) has ruled that personal assets of guarantors, who in most cases are promoters, cannot be liquidated in.....
Tags : NCLAT, IBC
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COMPANY - Notice of NCLAT Appeal to be Served Regardless of Supply of Advance Copy of Appeal Paper Book: SC(12.03.2019)
Supreme Court has observed that stipulation of service of notice on other side, pursuant to issuance of notice by National Company Law Appellate Tribu.....
Tags : NCLAT, Notice of NCLAT Appeal, Supply of Advance Copy of Appeal Paper Book
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COMPANY - NCLAT Slams RCom's Lender SBI over Rs. 37,000 Crore Asset Sale(12.03.2019)
National Company Law Appellate Tribunal has slammed lenders of Reliance Communications, State Bank of India, for painting a rosy picture of Anil Amban.....
Tags : NCLAT, State Bank of India, Reliance Communication
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COMPANY - Don't Hand Over Bafna Pharma to Promoter: NCLAT(12.03.2019)
National Company Law Appellate Tribunal (NCLAT) has ordered monitoring committee for Chennai-based Bafna Pharmaceuticals Ltd. to not to hand over poss.....
Tags : NCLAT, Bafna Pharma
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INSOLVENCY - NCLAT Warns RCom May Land Back in Insolvency Unless Dues are Cleared(14.03.2019)
National Company Law Appellate Tribunal (NCLAT) has warned lenders to Reliance Communications that their failure to release tax refunds to clear telc.....
Tags : NCLAT, Reliance Communication
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INSOLVENCY - NCLAT Warns RCom May Land Back in Insolvency Unless Dues are Cleared(14.03.2019)
National Company Appellate Tribunal (NCLAT) has warned lenders to Reliance Communications that their failure to release tax refunds to clear telco's d.....
Tags : NCLAT, Reliance Communication
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COMPANY - NCLAT Admits RBI Petition on IL&FS NPA Rule(20.03.2019)
National Company Law Appellate Tribunal (NCLAT) has admitted Reserve Bank of India's plea seeking modification of February 25 order of appellate tribu.....
Tags : NCLAT, IL&FS
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INSOLVENCY - NCLAT Sets Aside NCLT's Liquidation Order of Jyoti Structures(22.03.2019)
National Company Law Appellate Tribunal (NCLAT) has set aside the liquidation order of Jyoti Structures Limited and said that Mumbai bench of National.....
Tags : NCLAT, Jyoti Structures
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COMPANY - Statutory Dues of Companies are Operational Debt: NCLAT(22.03.2019)
National Company Law Appellate Tribunal (NCLAT) has held that statutory liability, including income tax and value added tax dues, of debt-ridden compa.....
Tags : NCLAT, Statutory Dues of Companies, Operational Debt
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INSOLVENCY - NCLAT Directs Fresh Essar Steel CoC Meet on Funds Distribution(22.03.2019)
National Company Law Appellate Tribunal (NCLAT) has asked resolution professional of Essar Steel India to call a fresh meeting of committee of credito.....
Tags : NCLAT, Essar Steel
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INSOLVENCY - I-T Department, Other Tax Agencies can Initiate Insolvency: NCLAT(22.03.2019)
National Company Law Appellate Tribunal (NCLAT) has held that Income Tax department of central government and other local authorities “who are entitle.....
Tags : NCLAT, Income Tax Department, Insolvency
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INSOLVENCY - I-T Department, Other Tax Agencies can Initiate Insolvency: NCLAT(22.03.2019)
National Company Law Appellate Tribunal (NCLAT) has held that Income Tax department of central government and other local authorities “who are entitle.....
Tags : NCLAT, Income Tax Department, Insolvency
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NCLAT Widens Definition of “Dispute” to Resist an Action for Insolvency Under Bankruptcy Code(29.06.2017)
NCLAT has widened definition of 'dispute' u/s 8,9 of Insolvency and Bankruptcy Code to include, apart from existing suits and arbitrations, any other .....
Tags : NCLAT, Insolvency and Bankruptcy Code
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NCLAT: No Bar to S. 138 Proceedings Under NI Act During Period of Moratorium Under IBC(07.08.2018)
National Company Law Appellate Tribunal, New Delhi has held that the court of competent jurisdiction may proceed with criminal proceeding under Sectio.....
Tags : NCLAT, Moratorium
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NCLT Cannot Adjudicate on Eligibility Criteria Laid Down by CoC: NCLAT(07.08.2018)
NCLAT has held that it is not in the domain of Adjudicating Authority to decide the requirement of minimum tangible net worth of one or other category.....
Tags : NCLAT, NCLT
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NCLAT Extends Deadline to Submit Revised Bids for Bhushan Power(07.08.2018)
National Company Law Appellate Tribunal (NCLAT) has extended the deadline for a resolution plan for the stressed Bhushan Power and Steel Ltd (BPSL) ti.....
Tags : NCLAT, Bhushan Power
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NCLAT Holds Tata Steel Eligible to Bid for Bhushan Steel(13.08.2018)
National Company Law Appellate Tribunal (NCLAT) has upheld the sale of Bhushan Steel to Tata Steel, rejecting allegations of its ineligibility by the .....
Tags : NCLAT, Bhushan Power
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NCLAT Stays Lower Authority’s Order to Liquidate Sterling Biotech(04.06.2019)
National Company Law Appellate Tribunal (NCLAT) has stayed the liquidation order passed by the specific bankruptcy court against Gujarat-based Sterlin.....
Tags : NCLAT, Sterling Biotech
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NCLAT: Foreign Company Having No Office, Account in India Will Not Suffer in Recovering Debt(23.05.2017)
NCLAT has rejected argument that foreign companies having no office or no account in India with any “financial institution” will suffer in recovering .....
Tags : NCLAT, Foreign Company
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NCLAT Asks Numetal, ArcelorMittal to Tell Why Their Bids for Essar Steel Should be Considered(18.07.2018)
National Company Law Appellate Tribunal (NCLAT) has directed Numetal Ltd and ArcelorMittal India Ltd, which were disqualified under Section 29(A) of I.....
Tags : NCLAT, Numetal, ArcelorMittal
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NCLAT Stays Bhushan Power Lenders’ Meeting to Vote on Finalising Bids(18.07.2018)
NCLAT has stayed the meeting of Committee of Creditors of Bhushan Power and Steel Ltd. to vote on finalisation of bids for the debt-ridden firm.
Tags : NCLAT, Bhushan Power
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Give Bhushan Resolution Plan Details: NCLAT to Tata Steel(24.07.2018)
National Company Law Appellate Tribunal (NCLAT )has asked Tata Steel to furnish a detailed plan as to how it proposes to distribute the amount earmark.....
Tags : NCLAT, Insolvency
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NCLAT Allows CCI Penalty of Rs 6,300 Crore on Cement Companies(30.07.2018)
National Company Law Appellate Tribunal (NCLAT) has upheld Competition Commission of India's penalty of Rs 6,300 crore on 11 cement companies.
Tags : NCLAT, Cement
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NCLAT Gives Vikram Bakshi 4 Weeks to Settle its Hudco Dues for McDonald’s Deal(29.05.2019)
National Company Law Appellate Tribunal has given four weeks time to businessman Vikram Bakshi for settling his dues with the Housing and Urban Develo.....
Tags : NCLAT, McDonalds
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NCLAT: IL&FS Group Companies Labeled Green Allowed to Start Servicing Debt(30.05.2019)
National Company Law Appellate Tribunal (NCLAT) has observed that if the Infrastructure Leasing & Financial Services (IL&FS) companies placed under th.....
Tags : NCLAT, IL&FS
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NCLAT Stays Liquidation Process of Jyoti Structures(21.08.2018)
National Company Law Appellate Tribunal (NCLAT) has granted interim stay on the liquation order against Jyoti Structures Ltd.
Tags : NCLAT, Insolvency
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NCLAT Stays Jyoti Structures Liquidation(22.08.2018)
National Company Law Appellate Tribunal (NCLAT) has stayed the liquidation of debt-ridden real estate firm Jyoti Structures and barred any sale of its.....
Tags : NCLAT, Jyoti Structures
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Delhi High Court to Ministry of Corporate Affairs: Resolve NCLAT Entry Woes(22.08.2018)
Delhi High Court has directed Ministry of Corporate Affairs to come up with a solution to the space crunch faced by NCLAT as well as the inconvenience.....
Tags : Delhi High Court, NCLAT
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NCLAT Declines Stay on Tata Sons' Conversion to Private Company(27.08.2018)
National Company Law Appellate Tribunal (NCLAT) has said that Tata Sons cannot force ousted chairman Cyrus Mistry to sell his shares in the group hold.....
Tags : NCLAT, Tata Sons
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NCLAT Condemns Jaypee Lenders for ‘Back door’ Talks With Adani(03.07.2019)
National Company Law Appellate Tribunal (NCLAT) has called out lenders of Jaypee Infratech for engaging in “backdoor negotiations” with the Adani grou.....
Tags : NCLAT, Jaypee Lenders
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NCLAT Approves Lakshmi Mittal-Led ArcelorMittal's Bid(04.07.2019)
National Company Law Appellate Tribunal (NCLAT) has approved Lakshmi Mittal-led ArcelorMittal’s plan for Essar Steel India Limited.The Tribunal had on.....
Tags : NCLAT, Archelor Mittal
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Financial Service Providers Outside Purview of Insolvency and Bankruptcy Code: NCLAT(24.10.2018)
National Company Law Appellate Tribunal has held that financial service providers such as non-banking financial companies are outside the purview of t.....
Tags : NCLAT, Financial Service Providers, Insolvency and Bankruptcy Code
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Financial Service Providers Outside Purview of Insolvency and Bankruptcy Code: NCLAT(24.10.2018)
National Company Law Appellate Tribunal has held that financial service providers such as non-banking financial companies are outside the purview of t.....
Tags : NCLAT, Financial Service Providers, Insolvency and Bankruptcy Code
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NCLAT Stays Resolution Plan for Assam Company on SEBI Plea(26.10.2018)
National Company Law Appellate Tribunal (NCLAT) has stayed the resolution plan approved by the Guwahati Bench of National Company Law Tribunal (NCLT) .....
Tags : NCLAT, Assam Company (India) Ltd.
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NCLAT Stays Resolution Plan for Assam Company on SEBI Plea(26.10.2018)
National Company Law Appellate Tribunal (NCLAT) has stayed the resolution plan approved by the Guwahati Bench of National Company Law Tribunal (NCLT) .....
Tags : NCLAT, Assam Company (India) Ltd.
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NCLAT Stays NCLT's Assam Company Takeover Order(29.10.2018)
Supreme Court has ordered Central Vigilance Commissioner (CVC) to complete his inquiry into Central Bureau of Investigation director Alok Verma in two.....
Tags : NCLAT, Assam Company
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NCLAT Stays NCLT's Assam Company Takeover Order(29.10.2018)
National Company Law Appellate Tribunal has stayed till the next hearing, BRS Ventures’ Rs 12.14 billion resolution plan for taking over of Assam Comp.....
Tags : NCLAT, Assam Company
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NCLAT: NCLT has Inherent Power to Levy Moratorium Before Starting of Corporate Insolvency Resolution(26.08.2019)
National Company Law Appellate Tribunal (NCLAT) has ruled that once an application for initiating insolvency proceedings is filed, National Company La.....
Tags : NCLAT, Insolvency
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NCLAT Says Numetal’s Second Bid For Essar Valid(10.09.2018)
NCLAT has ruled that Numetal's second bid for Essar qualifies and that Arcelor Mittal can bid for the steelmaker if it clears the dues of its subsidia.....
Tags : NCLAT, Essar
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NCLT/NCLAT Shouldn't Interfere in Insolvency Resolution Proceedings: Supreme Court(14.09.2018)
Supreme Court has said that NCLT and NCLAT should refrain from interfering in insolvency resolution proceedings by the Interim Resolution Professional.....
Tags : Supreme Court, NCLT, NCLAT
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NCLAT: Cannot Dismiss Insolvency Plea Over Claims Disputed After Demand Notice(29.07.2019)
National Company Law Appellate Tribunal (NCLAT) has directed the National Company Law Tribunal (NCLT) to decide over an insolvency plea filed against .....
Tags : NCLAT, Demand Notice
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NCLAT Permits 90 Day Extension in Jaypee Infra CIRP(31.07.2019)
National Company Law Appellate Tribunal (NCLAT) has extended the Corporate Insolvency Resolution Period of Jaypee Infratech for 90 days--a period duri.....
Tags : NCLAT, Jaypee Infra
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NCLAT Sets Aside NCLT Order Directing Return of Land to Jaypee Infratech(02.08.2019)
National Company Law Appellate Tribunal (NCLAT) has quashed a National Company Law Tribunal’s (NCLT) Allahabad Bench’s May 18, 2018 order which had di.....
Tags : NCLAT, Jaypee Infratech
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NCLAT Stays Sterling Biotech's Eviction(05.08.2019)
National Company Law Appellate Tribunal (NCLAT) has stayed eviction of Sterling Biotech from its premises as the debt-ridden company was going under t.....
Tags : NCLAT, Sterling
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NCLAT Upholds Insolvency Process Against Sahara Q Shop Unique(16.08.2019)
National Company Law Appellate Tribunal (NCLAT) has upheld the order of the National Company Law Tribunal, Mumbai directing to initiate insolvency res.....
Tags : NCLAT, Sahara
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NCLAT: Pension, Gratuity, PF not Incorporated in Liquidation Assets(20.08.2019)
National Company Law Appellate Tribunal (NCLAT) has upheld the view taken by National Company Law Tribunal, Principal Bench that provident fund, pensi.....
Tags : NCLAT, Pension
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IL&FS Case: NCLAT Declines Interim Relief to Deloitte and BSR Associates(21.08.2019)
National Company Law Appellate Tribunal (NCLAT) has refused to give interim relief to IL&FS auditors Deloitte and BSR Associates regarding the move to.....
Tags : NCLAT, IL&FS
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NCLAT Seeks Jet lenders' Reply on Dutch Insolvency Administrator's Plea(22.08.2019)
National Company Law Appellate Tribunal (NCLAT) has asked the Committee of Creditors of Jet Airways if they would coordinate with a Dutch Court appoin.....
Tags : NCLAT, Dutch
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McDonald’s Case: NCLAT Grants Bakshi Four Weeks to Settle Hudco’s Dues(23.08.2019)
National Company Law Appellate Tribunal (NCLAT) has given an ultimatum to Vikram Bakshi, the erstwhile joint-venture partner of US burger chain McDona.....
Tags : NCLAT, Bakshi
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Insolvency can be Triggered Against Unincorporated Joint Ventures: NCLAT(03.12.2018)
NCLAT has held in a case related to AMB Infrabuild Pvt. Ltd. and Earth Galleria Pvt. Ltd. that insolvency can be triggered against an unincorporated j.....
Tags : NCLAT, Unincorporated Joint Ventures, Insolvency
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NCLT can’t Decide Legality of a Foreign Decree: NCLAT(05.12.2018)
National Company Law Appellate Tribunal has held that NCLT, the ‘adjudicating authority’ under the Insolvency and Bankruptcy Code, was not a ‘court’ o.....
Tags : NCLAT, NCLT, Foreign Decree
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Application Under Sec. 7 of IBC can’t be Admitted After Settlement Between Parties: NCLAT(06.12.2018)
National Company Law Appellate Tribunal has declared admission of application under Section 7 of the Insolvency and Bankruptcy Code after settlement b.....
Tags : NCLAT, Section 7 of Insolvency and Bankruptcy Code
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NCLAT Upholds Verdict to Review Reliance & JM bid for Alok Industries(06.12.2018)
National Company Law Appellate Tribunal (NCLAT) has upheld the order issued by the National Company Law Tribunal (NCLT) directing the resolution profe.....
Tags : NCLAT, Alok Inndustries
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NCLAT: Pendency of Suit Against Financial Creditor No Bar for Starting Proceedings under Sec 7 IBC(14.10.2019)
National Company Law Appellate Tribunal has ruled that pendency of a suit filed by the corporate debtor against a financial creditor cannot restrain i.....
Tags : NCLAT, Financial Creditor
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NCLAT Halts Bhushan Power Sale to JSW Steel(15.10.2019)
National Company Law Appellate Tribunal has directed the Enforcement Directorate to release the attached properties of Bhushan Power and Steel and di.....
Tags : NCLAT, Bhushan Power
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NCLAT Directs SEBI to File Reply on Revised Share Delisting Norms for Cos under Insolvency(14.11.2019)
National Company Law Appellate Tribunal has granted Securities and Exchange Board of India one "last chance" to file its reply on the revised share de.....
Tags : NCLAT, Delisting Norms
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NCLAT Sets Aside Dhanuka's Resolution Plan for Debt-Laden Orchid Pharma(15.11.2019)
National Company Law Appellate Tribunal has set aside the approval of the resolution plan of Dhanuka Laboratories for Orchid Pharma.Dhanuka's plan was.....
Tags : NCLAT, Orchid Pharma
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NCLAT Sets Aside NCLT Order Approving Dhanuka's Bid for Orchid Pharma(19.11.2019)
National Company Law Appellate Tribunal has rejected the bid of Dhanuka Laboratories for the debt ridden Orchid Pharma, and vacated the order passed b.....
Tags : NCLAT, Orchid Pharma
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NCLAT Dismisses DBS Bank's Plea Challenging Distribution of Funds from Ruchi Soya Resolution Plan(21.11.2019)
National Company Law Appellate Tribunal has dismissed the plea of Singapore-based DBS Bank, a dissenting financial creditor of Ruchi Soya challenging .....
Tags : NCLAT, Ruchi Soya
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NCLAT Refuses RIL Waiver to Delist Alok Industries(21.11.2019)
National Company Law Appellate Tribunal has denied a waiver sought by Reliance Industries to delist Alok Industries which it had bought out of bankrup.....
Tags : NCLAT, RIL
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NCLAT Approves UltraTech Cement’s Revised Resolution Plan for Binani Cement(15.11.2018)
National Company Law Appellate Tribunal (NCLAT) has approved the revised resolution plan submitted by Ultratech Cement for debt-ridden Binani Cement.
Tags : NCLAT, Binani Cement, Ultratech
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Corporate Debtor can’t Maintain Appeal Under Insolvency & Bankruptcy Code: NCLAT(16.11.2018)
National Company Law Appellate Tribunal has dismissed an appeal filed by M/s Radius Infratel Pvt. Ltd. and held that corporate debtor cannot maintain .....
Tags : NCLAT, Insolvency & Bankruptcy Code
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NCLAT Keeps Bakshi Deal with McDonald's on Hold(19.09.2019)
National Company Law Appellate Tribunal (NCLAT) has barred Vikram Bakshi from leaving the country without informing it or the Debt Recovery Tribunal .....
Tags : NCLAT, McDonalds
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NCLAT Declines to Entertain RCom Resolution Professional(19.09.2019)
National Company Law Appellate Tribunal (NCLAT) has declined to entertain a plea moved by the Resolution Professional (RP) of Reliance Communications .....
Tags : NCLAT, RCom
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CESTAT: Classification only on the basis of Nomenclature under Customs Tariff Act is Baseless(29.06.2022)
Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Ahmedabad bench has held that classification of Products only on the basis of Nomenclatur.....
Tags : CESTAT, Customs Tariff Act, Nomenclature
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Madras HC: Can’t Approach HC U/A 226 if Effective And Statutory Remedy Exists Before NCLAT(30.06.2022)
Madras High Court has held that when an effective and statutory remedy lies before National Company Law Appellate Tribunal (NCLAT), aggrieved parties .....
Tags : Madras High Court, NCLAT, Madras High Court, Article 226
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INSOLVENCY - NCLAT Asks Ruias to First Clear Dues to Consider its bid for Essar Steel(15.03.2019)
National Company Law Appellate Tribunal (NCLAT) has directed promoters of Essar Steel to pay their dues, as per the orders of the Supreme Court, sayin.....
Tags : NCLAT, Ruias, Essar Steel
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INSOLVENCY - NCLAT Asks ArcelorMittal to Consider Revising Bid for Essar Steel(15.03.2019)
National Company Law Appellate Tribunal (NCLAT) has asked ArcelorMittal to consider revising its Rs. 42,000 crore bid for Essar Steel India Limited (E.....
Tags : NCLAT, Essar Steel, Arcelor Mittal
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COMPANY - NCLAT Refuses to Direct SBI to Release Rs.260 Crores to Reliance to Enable it to Settle Ericsson Dues(18.03.2019)
National Company Law Appellate Tribunal has refused to direct State Bank of India to release amount of Rs.260 crores of income tax refund to enable Re.....
Tags : NCLAT, SBI, Reliance Communications
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INSOLVENCY - NCLAT Refuses to Stay NCLT Nod to ArcelorMittal Resolution Plan for Essar Steel(18.03.2019)
National Company Law Appellate Tribunal has refused to stay a bankruptcy court order approving ArcelorMittal's Rs. 42,000 crore takeover bid for Essar.....
Tags : NCLAT, Essar Steel, Arcelor Mittal
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Allahabad HC Issues Notice on Plea for Establishment of Regional NCLAT Bench in Prayagraj(15.02.2021)
Allahabad High Court has issued notice on a Public Interest Litigation filed by Company Law Tribunal Bar Association, Allahabad, seeking establishment.....
Tags : Allahabad High Court, Establishment of Regional NCLAT Bench
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Karnataka HC: Change Term 'Ex-Servicemen' to a Gender-Neutral Nomenclature(05.01.2023)
Karnataka High Court has suggested the Union and the State Government to change the nomenclature used to refer to retired defence personnel; and use t.....
Tags : Karnataka High Court, Ex-servicemen, Ex-service Personnel, Gender Neutral Nomenclature
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Supreme Court Dismisses Dalmia Petition Challenging NCLAT Order on Binani Cement(20.11.2018)
Supreme Court has dismissed Dalmia Bharat’s plea challenging National Company Law Appellate Tribunal’s order allowing UltraTech Cement to acquire bank.....
Tags : Supreme Court, Binani Cement, Ultratech, NCLAT
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First Time Dispute in Reply of Demand Notice Doesn't Constitute Pre Existing Dispute Under IBC: NCLAT(30.11.2018)
National Company Law Appellate Tribunal has held that a dispute raised for the first time in reply to demand notice or in response to Adjudicating Aut.....
Tags : NCLAT, Insolvency and Bankruptcy Code
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NCLAT Asks Sole bidder for Jyoti Structures to Revise Resolution Plan(30.11.2018)
National Company Law Appellate Tribunal has ordered the only bidder for Mumbai-based infrastructure EPC company Jyoti Structures Ltd. to revise its re.....
Tags : NCLAT, Jyoti Structures
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SC: NCLAT Can Recall but Can’t Review its Judgment(02.08.2023)
Supreme Court has upheld NCLAT’s five-member bench ruling which held that while NCLAT is empowered to recall its judgment, it is not empowered to revi.....
Tags : Supreme Court, NCLAT, Recall, Review
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NCLAT: If Liquidation Cost Not Paid as Per Regulations, Security Interest Shall Stand Relinquished(11.12.2024)
NCLAT New Delhi bench has held that if the secured creditor does not pay the liquidation costs as per Regulation 21A(3) of the Liquidation Regulations.....
Tags : NCLAT New Delhi, Security Interest, Liquidation Cost
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NCLAT: Secured Creditor to Pay Liquidator's Fees Under Regulations if Option u/s 52 IBC Exercised(13.12.2024)
NCLAT New Delhi bench has held that if the secured creditor opts to realise its security interest under Section 52 of the Insolvency and Bankruptcy Co.....
Tags : NCLAT New Delhi, Secured Creditor, Liquidation Regulations
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NCLAT Quashes Insolvency Proceedings Against NCR Realty Firm Paramount Propbuild(29.12.2018)
National Company Law Appellate Tribunal (NCLAT) has set aside insolvency proceedings against Paramount Propbuild, noting that no notice was served to .....
Tags : NCLAT, Paramount Propbuild, Insolvency
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NCLAT Disposes of Contempt Plea Against Reliance Infratel(03.01.2019)
NCLAT has disposed of a contempt plea against Reliance Infratel filed by HSBC Daisy Investments (Mauritius) and other minority shareholders over defau.....
Tags : NCLAT, Reliance Infratel
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McDonald’s Case: NCLAT Directs Vikram Bakshi to Deposit Rs 5 Cr for Permission to Travel Abroad(24.10.2019)
National Company Law Appellate Tribunal has directed Vikram Bakshi, the estranged partner of McDonald’s, to deposit Rs 5 crore as security deposit for.....
Tags : NCLAT, McDonalds
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NCLAT: Can Replace Authorised Representative by Following Procedure Provided under CIRP Regulations(20.01.2025)
NCLAT New Delhi bench has held that an application before the Adjudicating Authority to replace the Authorised Representative cannot be entertained be.....
Tags : NCLAT New Delhi, Authorised Representative, Regulation 16(3A)
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NCLAT: Can Recall Admission Order of Application U/S 7 of IBC if Malicious Intent is Proved(20.01.2025)
NCLAT New Delhi bench has held that the Adjudicating Authority has jurisdiction under the Insolvency and Bankruptcy Code, 2016(IBC) to recall admissio.....
Tags : NCLAT New Delhi, Adjudicating Authority, IBC
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Gujarat High Court, 4% Reservation, Persons With Disabilities(22.01.2025)
NCLAT New Delhi bench has held that adjudicating authority can decide issue of maintainability of application under section 7 of Insolvency and Bankru.....
Tags : NCLAT New Delhi, Adjudicating Authority, Substantive Issues
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NCLAT: Can’t Bar Petition u/s 7 of IBC for Default Committed Prior to S.10A Period(13.12.2024)
NCLAT New Delhi bench has held that a petition under section 7 of Insolvency and Bankruptcy Code, 2016 cannot be barred for any default which has been.....
Tags : NCLAT New Delhi, Corporate Debtor, IBC
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NCLAT: If Settlement Fails, Deposit for One Time Settlement Proposal Remains Corp. Debtor's Asset(16.12.2024)
NCLAT New Delhi bench has held that the amount deposited by the Corporate Debtor with the bank in pursuance of One Time Settlement shall remain the co.....
Tags : NCLAT New Delhi, One Time Settlement, Corporate Debtor
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NCLAT: Can’t Challenge Non-Admission of Claim by RP for the First Time in Appeal(19.12.2024)
NCLAT New Delhi bench has held that if non - admission of claim by Resolution Professional is not challenged before the Adjudicating Authority then th.....
Tags : NCLAT New Delhi, Non-Admission, Resolution Professional
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NCLAT: Can’t Extend CIRP beyond 330 Days u/s 12(3) of IBC Unless Exceptional Circumstances Present(19.12.2024)
NCLAT New Delhi bench has held that, under Section 12(3) of Insolvency and Bankruptcy Code, 2016 the maximum timeline prescribed for CIRP is 330 days .....
Tags : NCLAT New Delhi, Exceptional Circumstances, CIRP
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NCLAT: In Case of Personal Guarantor, Date of Default Depends on Contract of Guarantee’s Terms(20.12.2024)
NCLAT New Delhi bench has held that liability of a Guarantor arises from the contract of guarantee and hence the date of default in the case of the gu.....
Tags : NCLAT New Delhi, Personal Guarantor, Date of Default
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NCLAT: Resolution Plan Approved by Committee of Creditors is Binding on All Stakeholders(20.12.2024)
NCLAT New Delhi bench has held that Resolution Plan approved by the Committee of Creditors (CoC) shall be binding on all the stakeholders including th.....
Tags : NCLAT New Delhi, Committee of Creditors, Resolution Plan
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NCLAT: OTS Proposal is an Acknowledgement of Debt Under Section 18 of Limitation Act(22.07.2022)
National Company Law Appellate Tribunal (NCLAT), New Delhi Bench has held that a One Time Settlement (OTS) proposal falls within the definition of 'ac.....
Tags : NCLAT, Limitation, One Time Settlement
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Delhi High Court Notifies New Nomenclatures for IPR Matters(14.07.2021)
Delhi High Court has notified new nomenclature in respect of the matters relating to Intellectual Property Rights (IPR) coming into force with immedia.....
Tags : Delhi High Court, New Nomenclature for IPR Matters
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NCLAT Upholds Imposition of Rs. 200 Crores Penalty on Amazon by CCI(14.06.2022)
National Company Law Appellate Tribunal (NCLAT) has upheld the order passed by Competition Commission of India (CCI) whereby Amazon was directed to pa.....
Tags : NCLAT, CCI, Competition Act, Penalty
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IL&FS Case: NCLAT Defers Hearing of Moratorium Matter to 20th December(18.12.2018)
National Company Law Appellate Tribunal has deferred to 20 December 2018 its hearing in the Infrastructure Leasing and Financial Services (IL&FS) mora.....
Tags : NCLAT, IL&FS
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NCLAT: Can’t Interfere with Approval of RP Permitting Creditor to Take Action against Guarantees(20.02.2025)
NCLAT New Delhi bench has held that there cannot be interference with approval of a resolution plan containing a clause that creditors can take approp.....
Tags : NCLAT New Delhi, Resolution Plan, Creditors
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NCLAT: No Requirement of Fresh Form G When EoI Permits Extension of Timeline(21.02.2025)
NCLAT New Delhi bench has held that there is no requirement of issuance of fresh Form G in case of modification in Invitation of Expression of Interes.....
Tags : NCLAT New Delhi, Extension of Timeline, Fresh Form G
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SC Stays Order of NCLAT Allowing Take Over of Pending Housing Projects(24.02.2025)
Supreme Court has stayed an order passed by NCLAT that allowed National Building Constructions Corporation (India) Limited to take over pending projec.....
Tags : Supreme Court, NCLAT, Housing Projects
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NCLAT: One Lone Homebuyer Cannot Challenge Approval of Resolution Plan(24.02.2025)
NCLAT New Delhi bench has held that one lone homebuyer cannot challenge the approval of Resolution Plan and has to go with the majority decision of th.....
Tags : NCLAT New Delhi, One Lone Homebuyer, Resolution Plan
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NCLAT: Cannot Seek Relief u/s 60(5) of IBC when Remedy u/s 42 is Not Exhausted(24.02.2025)
NCLAT New Delhi bench has held that relief against rejection of claims by the liquidator cannot be claimed under section 60(5) of the Insolvency and B.....
Tags : NCLAT New Delhi, Section 60(5), Section 42
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NCLAT: Injecting Funds in CD for Profits Would Come within Definition of Financial Debt(24.02.2025)
NCLAT New Delhi bench has held that infusion of funds in the Corporate Debtor (CD) with the purpose of generating profits would come within the defini.....
Tags : NCLAT New Delhi, Financial Debt, Corporate Debtor
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Consider 1st Batch of Resolution Plans in Bhushan Power Case: NCLAT to CoC(31.07.2018)
National Company Law Appellate Tribunal (NCLAT) has said that the Committee of Creditors (CoC) should consider the first batch of resolution plans im .....
Tags : NCLAT, Bhushan Power
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Consider 1st Batch of Resolution Plans in Bhushan Power Case: NCLAT to CoC(31.07.2018)
National Company Law Appellate Tribunal (NCLAT) has said that the Committee of Creditors (CoC) should consider the first batch of resolution plans im .....
Tags : NCLAT, Bhushan Power
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NCLT Allows Merger of LLP, Private Companies(31.07.2018)
National Company Law Tribunal has given the green signal to merger of a Limited Liability Partnership with a private company.
Tags : NCLAT, LLP, Private Companies
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Financial Creditor Can’t be Denied Rights If Equity Conversion Not Approved: NCLAT(01.08.2018)
National Company Law Appellate Tribunal (NCLAT) has held that the lender cannot be excluded from the CoC if the conversion of loan into equity is not .....
Tags : NCLAT, Insolvency
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NCLAT Allows Bidders of Bhushan Power to Revise Offers by Monday(02.08.2018)
National Company Law Appellate Tribunal (NCLAT) has permitted all the three bidders of debt-ridden Bhushan Power & Steel Ltd -- Tata Steel, Liberty Ho.....
Tags : NCLAT, Bhushan Power
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NCLAT: Can’t Question Consideration and Subsequent Rejection of RP by CoC Submitted after Due Date(19.03.2025)
NCLAT New Delhi bench has held that there cannot be any questioning of the consideration and subsequent rejection of a Resolution Plan (RP) by the Com.....
Tags : NCLAT New Delhi, Consideration, Subsequent Rejection
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NCLAT: Delivering Demand Notice to Last Known Address to be Deemed Valid(21.03.2025)
NCLAT New Delhi bench has held that delivery of demand notice to the last known address of the personal guarantor as has been stated in the deed of gu.....
Tags : NCLAT, Demand Notice, Last Known Address
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NCLAT Rejects RNA Plea Against Insolvency Proceedings(11.02.2020)
National Company Law Appellate Tribunal has rejected a plea challenging initiation of insolvency proceedings against realty developer RNA Corporation......
Tags : NCLAT, RNA Plea
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Delhi HC Issues Notice on Plea Challenging MCA Notification for Technical Member Post in NCLAT(18.02.2020)
Delhi High Court has issued notice to the Central Government in a plea challenging the notification of Ministry of Corporate Affairs (MCA), inviting a.....
Tags : Delhi High Court, Technical Member Post in NCLAT
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NCLAT: Can’t Admit Application u/s 9 of IBC When Debt is Discharged after Receipt of Demand Notice(21.03.2025)
NCLAT New Delhi bench has held that application under Section 9 of the Insolvency and Bankruptcy Code, 2016 cannot be admitted if the corporate debtor.....
Tags : NCLAT New Delhi, Section 9, Corporate Debtor
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NCLAT: Can’t Consider Allottee Financial Creditor When Allotted Unit Cancelled at their Request(21.03.2025)
NCLAT New Delhi has held that there cannot be a consideration of an allottee of a unit as a financial creditor if the allotted unit has been cancelled.....
Tags : NCLAT New Delhi, Financial Creditor, Allotted Unit
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NCLAT: Time Extension for Payment of Sale Consid. Beyond 90 Days Can Only be Done by Adj. Authority(21.03.2025)
NCLAT New Delhi bench has held that only the adjudicating authority can extend the time for payment of sale consideration beyond 90 days under Schedul.....
Tags : NCLAT New Delhi, Adjudicating Authority, Sale Consideration
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NCLAT: Post-Submission, CoC Can’t Remit Approved Resolution Plan(21.03.2025)
NCLAT New Delhi bench has held that Committee of Creditors (CoC) cannot remit Resolution Plan for fresh consideration once it has been approved by CoC.....
Tags : NCLAT New Delhi, Committee of Creditors, Adjudicating Authority
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NCLAT: Can’t Terminate Lease Hold Rights in Favor of CD During Moratorium Period(24.03.2025)
NCLAT New Delhi bench has held that there cannot be a termination of lease hold rights in favour of Corporate Debtor during the moratorium period unde.....
Tags : NCLAT New Delhi, Lease Hold Rights, Section 14
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NCLAT: To Reject Application u/s 9 of IBC Reflection of Genuine Pre Existing Dispute Sufficient(24.03.2025)
NCLAT New Delhi Bench has held that for rejection of an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC), reflection of a.....
Tags : NCLAT New Delhi, Pre Existing Dispute, Section 9
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NCLAT: Security to Become Part of Liquidation Estate if Creditor Fails to Deposit Amount in 90 Days(24.03.2025)
NCLAT New Delhi bench has held that security shall become part of the liquidation estate if there is failure on part of a secured creditor to deposit .....
Tags : NCLAT New Delhi, Liquidation Estate, 90 Days
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NCLAT: If Ownership Uncertain, Non-Impleadment of Owner as Party in App. u/s 19 of IBC Not Malafide(23.12.2024)
NCLAT New Delhi bench has held that if there is uncertainty over the ownership of the premises then non-impleadment of owner in an application under S.....
Tags : NCLAT New Delhi, Non-Impleadment, Malafide
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NCLAT: Submission of Status Report in Cr. Proceeding Won’t Have Bearing While Deciding App u/s 7 IBC(26.12.2024)
NCLAT New Delhi bench has held that while deciding an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 submission of status rep.....
Tags : NCLAT New Delhi, Status Report, Criminal Proceeding
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NCLAT: RP Can Withdraw Application u/s 12A of IBC Before it is Heard or Allowed(26.12.2024)
NCLAT New Delhi bench has held that a Resolution Professional can withdraw a CIRP withdrawal application under Section 12 of the Insolvency and Bankru.....
Tags : NCLAT New Delhi, Resolution Professional, CIRP
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NCLAT: If Resolution Applicant’s Plan Rejected by CoC, RA Can Participate in Fresh Invitation(06.01.2025)
NCLAT New Delhi bench has held that if CoC disapproves resolution plan including revised plan submitted by the resolution applicant, the same resoluti.....
Tags : NCLAT New Delhi, Resolution Applicant, Freshly Issued Invitation
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NCLAT: Corporate Debtor’s Last Payment within Limitation Period Amounts to Acknowledgement(06.01.2025)
NCLAT New Delhi bench has held that Corporate Debtor’s act of making last payment within the limitation period amounts to acknowledgement under Sectio.....
Tags : NCLAT New Delhi, Limitation Period, Last Payment
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NCLAT: Corporate Debtor’s Last Payment within Limitation Period Amounts to Acknowledgement(06.01.2025)
NCLAT New Delhi bench has held that Corporate Debtor’s act of making last payment within the limitation period amounts to acknowledgement under Sectio.....
Tags : NCLAT New Delhi, Limitation Period, Last Payment
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NCLAT: Cannot Treat Claims Arising u/s 11E of Central Excise Act as Secured Debt(27.01.2025)
NCLAT New Delhi Bench has held that claims that arise under Section 11E of the Central Excise Act, 1944 cannot be treated as a secured debt.
Tags : NCLAT New Delhi, Secured Debt, Section 11E
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NCLAT: Can’t Condone Delay Beyond 15 Days in Filing Appeal(27.01.2025)
NCLAT New Delhi bench has held that as per proviso under Section 61(2) of the Insolvency and Bankruptcy Code, 2016 delay in filing appeal beyond 15 da.....
Tags : NCLAT New Delhi, 15 Days, Section 61(2)
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NCLAT: App. u/s 95 IBC is Maintainable against Personal Guarantor Even if No CIRP Process Initiated(27.01.2025)
NCLAT New Delhi bench has held that an application under section 95 of the Insolvency and Bankruptcy Code (IBC) is maintainable against the personal g.....
Tags : NCLAT New Delhi, Personal Guarantor, CIRP Process
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NCLAT Grants Partial Relief to Whatsapp by Staying Ban on its Data-Sharing Policy(27.01.2025)
NCLAT New Delhi bench has granted relief to Whatsapp by staying an order passed by Competition Commission of India banning Whatsapp from sharing user .....
Tags : NCLAT New Delhi, Data-Sharing Policy, Whatsapp
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NCLAT: Cannot Extend Period of Moratorium u/s 101 of IBC beyond 180 Days(27.01.2025)
NCLAT New Delhi bench has held that when statute provides a date for cessation of the Moratorium it cannot be extended by the Adjudicating Authority o.....
Tags : NCLAT New Delhi, Moratorium, 180 Days
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NCLAT: Can Recall Orders u/s 11 of NCLT Rules if Obtained through Fraud(27.01.2025)
NCLAT New Delhi bench has held that an Adjudicating Authority can always exercise its inherent jurisdiction and recall orders obtained through fraud u.....
Tags : NCLAT New Delhi, Adjudicating Authority, Inherent Jurisdiction
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NCLAT Dismisses Appeal against Order Rejecting Application u/s 9 of IBC against Hindustan Unilever(30.01.2025)
NCLAT New Delhi bench has dismissed an appeal filed against an order that rejected an application under section 9 of the Insolvency and Bankruptcy Cod.....
Tags : NCLAT New Delhi, Hindustan Unilever, IBC
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NCLT Can't Decide Inter-Se Claims by Parties Over Assets of Corporate Debtor: NCLAT(05.02.2019)
National Company Law Appellate Tribunal has held that inter-se claims by parties over assets of the corporate debtor cannot be determined by the Adjud.....
Tags : NCLAT, Inter-Se Claims by Parties Over Assets of Corporate Debtor
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NCLAT Rejects Tata Steel’s Plea to Uphold its Bid for Bhushan Power(05.02.2019)
National Company Law Appellate Tribunal (NCLAT) has turned down Tata Steel’s plea to consider its bid for the debt-ridden Bhushan Power & Steel as the.....
Tags : NCLAT, Tata Steel, Bhushan Power & Steel
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NCLAT Rejects Tata Steel’s Plea to Uphold its Bid for Bhushan Power(05.02.2019)
National Company Law Appellate Tribunal (NCLAT) has turned down Tata Steel’s plea to consider its bid for the debt-ridden Bhushan Power & Steel as the.....
Tags : NCLAT, Tata Steel, Bhushan Power & Steel
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NCLAT Allows 22 IL&FS Group Firms to Service Debt Obligations(12.02.2019)
National Company Law Appellate Tribunal has passed an order permitting 22 group companies of Infrastructure Leasing and Financial Services (IL&FS), th.....
Tags : NCLAT, IL&FS
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NCLAT: Resolution Professional Has No Right To Be Heard Before Being Replaced U/S 27 IBC(12.09.2022)
National Company Law Appellate Tribunal has held that when Committee of Creditors decides to replace Resolution Professional (RP) under Insolvency & B.....
Tags : NCLAT, Insolvency, Resolution Professional
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No Need to Hear Out 3rd Party During Insolvency Admission, NCLAT Tells NCLT(21.01.2019)
National Company Law Appellate Tribunal (NCLAT) has said that the National Company Law Tribunal (NCLT) should not hear any third party, other than the.....
Tags : NCLAT, NCLT, Hear Out 3rd Party During Insolvency Admission
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Action Will be Taken Against Firms such as Liberty House: NCLAT(23.01.2019)
National Company Law Appellate Tribunal (NCLAT) has come down hard on companies such as Liberty House Group, which successfully bid for debt-ridden fi.....
Tags : NCLAT, Liberty House
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NCLAT Gives Clean Chit to BMW India Over Dominance Abuse Charge(02.12.2019)
National Company Law Appellate Tribunal has rejected a petition filed by one of its BMW India’s former dealers alleging abuse of dominant position. Th.....
Tags : NCLAT, BMW
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Madras HC: Delay in Establishing NCLAT Bench May Amount to Contempt of SC’s Direction(15.12.2020)
Madras High Court has observed that the delay in establishing a Bench of National Company Law Appellate Tribunal in Chennai may amount to contempt of .....
Tags : Madras High Court, Delay in Establishing NCLAT Bench
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Delhi HC Seeks Stand on Plea for Changing Nomenclature of Nurses Working in Private Hospitals(11.11.2021)
Delhi High Court has sought the stand of Centre in a petition seeking change in the nomenclature of Nursing Personnel working in private hospitals at .....
Tags : Delhi High Court, Changing Nomenclature of Nurses
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NCLAT: Beneficiaries of Personal Guarantee Can Initiate PIRP against Personal Guarantor(25.02.2025)
NCLAT New Delhi bench has held that Personal Insolvency Resolution Process (PIRP) can be initiated by beneficiaries of personal guarantee against Pers.....
Tags : NCLAT New Delhi, Personal Guarantee, Personal Guarantor
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NCLAT: If Tribunal Closed on Last Day of Filing Appeal, it can be Filed on the Day Tribunal Reopens(25.02.2025)
NCLAT New Delhi bench has held that, if on the last day of filing an appeal under section 61 of the Insolvency and Bankruptcy Code, 2016 (IBC) the Tri.....
Tags : NCLAT New Delhi, Filing Appeal, Tribunal Reopens
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NCLAT: NCLT Empowered to Decide if SRA Liable to Pay Pre-CIRP Electricity Dues u/s 60(5) Of IBC(27.02.2025)
NCLAT New Delhi bench has held that NCLT has the authority to decide whether Successful Resolution Applicant is liable to pay Pre-CIRP electricity due.....
Tags : NCLAT New Delhi, Successful Resolution Applicant, Electricity Dues
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NCLAT: Cannot Disconnect Electricity Supply During Moratorium Period as Per Section 14(2) of IBC(27.02.2025)
NCLAT New Delhi bench has held that during moratorium period under section 14 of the Insolvency and Bankruptcy Code, 2016 (Code), electricity being an.....
Tags : NCLAT New Delhi, Electricity Supply, CIRP Period
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NCLAT: When CD Doesn’t Unequivocally Admit Debt, Application u/s 9 Must Not be Entertained(28.02.2025)
NCLAT New Delhi bench has held that when the debt is not unequivocally admitted by the Corporate Debtor (CD), application under Section 9 of the Insol.....
Tags : NCLAT New Delhi, Section 9, Corporate Debtor
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NCLAT: Cannot Consider Serving Demand Notice to Personal Guarantor as Invocation of Guarantee(03.03.2025)
NCLAT New Delhi bench has held that notice under Rule 7 of Insolvency and Bankruptcy (Application to Adjudicating Authority for Insolvency Resolution .....
Tags : NCLAT New Delhi, Demand Notice, Personal Guarantor
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Insolvency Proceedings can be Closed on Basis of Settlement Prior to Formation of CoC: NCLAT(15.02.2019)
National Company Law Appellate Tribunal has asked the Kolkata Bench of National Company Law Tribunal to close an insolvency proceeding by accepting th.....
Tags : NCLAT, Insolvency Proceedings
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NCLAT Sets Aside NCLT’s Insolvency Order Against ECL(15.02.2019)
National Company Law Appellate Tribunal (NCLAT) has set aside an order by Kolkata bench of National Company Law Tribunal which allowed initiation of i.....
Tags : NCLAT, NCLT, Coal India
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NCLAT Rejects ArcelorMittal Plea Over EPC Construction(17.12.2019)
National Company Law Appellate Tribunal has rejected global steel major ArcelorMittal's petition challenging approval of Royale Partners Investment Fu.....
Tags : NCLAT, Archelor Mittal
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NCLAT Restores Cyrus Mistry as Chairman of Tata Group(18.12.2019)
National Company Law Appellate Tribunal has upheld charges by Cyrus Mistry that he was improperly ousted as Chairman of the $110 billion Tata Group, p.....
Tags : NCLAT, Cyrus Mistry
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NCLAT Rejects I-T Dept Plea Against Reliance Jio on Demerger of Tower and Fiber Units(26.12.2019)
National Company Law Appellate Tribunal has rejected petitions filed by the Income Tax Department, which raised objection over the approval granted to.....
Tags : NCLAT, Reliance Jio
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NCLAT: Members Can't Transfer Case to Another Bench in Another Place After Recusal from Hearing(07.07.2022)
National Company Law Appellate Tribunal (NCLAT), has held that if Members of NCLT Bench recuse from hearing a case, they cannot transfer the same to a.....
Tags : NCLAT, Recusal, Transfer
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SC: NCLAT Order Closing Insolvency Proceedings against Byju’s, Set Aside(24.10.2024)
Supreme Court has set aside the order passed by National Company Law Appellate Tribunal (NCLAT) that accepted the settlement between Byju’s and BCCI a.....
Tags : Supreme Court, NCLAT, Byju’s
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NCLAT: Can’t Reject Petition u/s 9 of IBC on Grounds of False Claim of Pre-Existing Dispute(28.11.2024)
NCLAT New Delhi bench has held that petition under Section 9 of Insolvency and Bankruptcy Code, 2016 cannot be rejected on grounds of false claims of .....
Tags : NCLAT, Pre-Existing Dispute, False Claim
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NCLAT: Can’t Treat Share Application Money Deposited With Corporate Debtor as Financial Debt(28.11.2024)
NCLAT New Delhi bench has held that share application money which has been deposited with the corporate debtor cannot be treated as financial debt und.....
Tags : NCLAT, Share Application Money, Corporate Debt
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NCLAT: Cannot Modify Information Memorandum on Basis of Which RP is Submitted & Approved(28.11.2024)
NCLAT New Delhi bench has held that there cannot be any modification of Information Memorandum that is prepared by Resolution Professional, on the bas.....
Tags : NCLAT, Information Memorandum, Resolution Plan
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NCLAT: In Absence of Debt & Default, Application Under Section 7 of IBC Can’t be Admitted(29.11.2024)
NCLAT Delhi bench has held that in absence of any debt and consequent default on the part of the corporate debtor, application under section 7 of the .....
Tags : NCLAT Delhi, Debt & Default, Section 7
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NCLAT: Application u/s 9 of IBC to be Rejected if Plausibility of Pre-Existing Dispute Established(29.11.2024)
NCLAT New Delhi Bench has held that once plausibility of a pre-existing dispute is established, application under Section 9 of Insolvency and Bankrupt.....
Tags : NCLAT New Delhi, Pre-Existing Dispute, Adjudicating Authority
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COMPANY - IL&FS, Arms can be Declared NPAs Only After Tribunal's Nod: NCLAT(26.02.2019)
National Company Law Appellate Tribunal (NCLAT) has ruled that accounts of Infrastructure Leasing & Financial Services (IL&FS) and its subsiadaries co.....
Tags : NCLAT, IL&FS
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INSOLVENCY - NCLAT Directs NCLT Ahmedabad to Take Call on ArcelorMittal's Essar Steel Bid by March 8(01.03.2019)
National Company Law Appellate Tribunal (NCLAT) has directed NCLT Ahmedabad bench to take a decision by March 8 on the Rs 42,000-crore bid submitted b.....
Tags : NCLAT, NCLT, ArcelorMittal's Essar
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NCLAT Issues Clarification on its Order in Tata Sons Case(06.01.2020)
National Companies Law Appellate Tribunal has said that the illegality of the conversion of Tata Sons from a deemed public limited company to a privat.....
Tags : NCLAT, Tata Sons
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NCLAT Asks Liberty House to Give Details on Adhunik, Zion Resolution Plan(08.01.2020)
National Company Law Appellate Tribunal has directed the Liberty House Group to file an affidavit outlining the implementation of its resolution plan .....
Tags : NCLAT, Resolution Plan
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INSOLVENCY - NCLAT Allows Withdrawal of Liberty House Bid for ARGL(08.03.2019)
National Company Law Appellate Tribunal (NCLAT) has allowed withdrawal of UK-based Liberty House bid for ARGL on the plea of resolution professional o.....
Tags : NCLAT, ARGL, Liberty House
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INSOLVENCY - NCLAT Directs NCLT to Decide on JSW's Bid for Bhushan Power & Steel by March 31(11.03.2019)
National Company Law Appellate Tribunal (NCLAT) has directed Delhi bench of NCLT to decide over JSW Steel's bid for debt-ridden Bhushan Power & Steel .....
Tags : NCLAT, Bhushan Power & Steel, JSW
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NCLAT Seeks Details About 4 IL&FS Group Entities(09.04.2019)
National Company Law Appellate Tribunal has directed debt-ridden IL&FS to submit information over investment made by pension and provident funds in it.....
Tags : NCLAT, IL&FS
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Ericsson May have to Refund Rs. 576 Crore to RCom: NCLAT(09.04.2019)
National Company Law Appellate Tribunal has said that Swedish equipment maker Ericsson would have to refund Rs. 576 crore including interest to Relian.....
Tags : NCLAT, Ericson, Reliance Communications
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Gujarat HC Issues Notice on PIL Plea Seeking Establishment of NCLAT Bench at Ahmedabad(21.01.2022)
Gujarat High Court has issued a notice to the Central Government on a Public Interest Litigation (PIL) plea filed seeking the establishment of a circu.....
Tags : Gujarat High Court, Establishment of NCLAT Bench at Ahmedabad
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NCLAT: Initiation Of CIRP Not A Pre-Requisite To Initiate IRP Against The Personal Guarantor(28.01.2022)
NCLAT has held that initiation of Corporate Insolvency Resolution Process is not a pre-requisite to initiate Insolvency Resolution Process (IRP) again.....
Tags : Insolvency and Bankruptcy Code, NCLAT, Corporate Insolvency Resolution Process
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Delhi HC: Parties Can’t be Referred to Arbitration When Moratorium Issued by NCLAT(23.12.2022)
Delhi High Court has held that moratorium granted by NCLAT after resolution process is initiated against it is akin to an order of moratorium passed u.....
Tags : Delhi High Court, Moratorium, NCLAT, Arbitration, IBC
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NCLAT Upholds Canara Bank’s Claims for Loans Advanced to CD on behalf of Homebuyers(14.01.2025)
NCLAT New Delhi bench has upheld the claims of Canara Bank for loans advanced to the corporate debtor (CD) on behalf of the Homebuyers for the reason .....
Tags : NCLAT New Delhi, Canara Bank, Corporate Debtor
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NCLAT: Claims Subsequent to Cut-off Date to be Dealt as Per RP by Adjudicating Authority(14.01.2025)
NCLAT New Delhi bench has held that claims that are filed subsequent to cut off date shall be dealt in accordance with the Resolution Plan approved by.....
Tags : NCLAT New Delhi, Adjudicating Authority, Cut-off Date
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NCLAT: While Dismissing Appeal for Non-Prosecu., Adj. Authority Can’t Direct Dismissal on Merits Too(14.01.2025)
NCLAT New Delhi bench has held that when an adjudicating authority dismisses an appeal on ground of non- prosecution, it cannot add a direction that a.....
Tags : NCLAT New Delhi, Adjudicating Authority, Non-Prosecution
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NCLAT: Adjudicating Authority Can’t Decide Workers' Claims for Layoff Period Dues under ID Act(14.01.2025)
NCLAT New Delhi bench has held that it is not within the domain of the Adjudicating Authority to decide whether the workers are entitled to claim thei.....
Tags : NCLAT New Delhi, Adjudicating Authority, Layoff Period
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NCLAT: For Calculating Limitation Period, Period from 15.3.2020 to 28.2.2022 shall stand excluded(14.01.2025)
NCLAT New Delhi bench has held that for the purpose of calculating the limitation period while filing an application under Section 9 of the IBC, perio.....
Tags : NCLAT New Delhi, Limitation Period, Supreme Court Judgement
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NCLAT: Can Seek Eviction of Tenant from Corporate Debtor's Property under Tenancy Law(14.01.2025)
NCLAT New Delhi bench has held that eviction of tenant from corporate debtor’s property can be sought under Tenancy law and Adjudicating Authority can.....
Tags : NCLAT New Delhi, Corporate Debtor, Adjudicating Authority
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NCLAT: Withdrawal of Liquidation App. Permitted When CoC file App. for Extension of CIRP Time Period(30.01.2025)
NCLAT New Delhi bench has observed that when the CoC has already taken decision to file an application for extension of CIRP time period and granted p.....
Tags : NCLAT New Delhi, Adjudicating Authority, Time Period
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NCLAT: Must Distribute Liquidation Proceeds amongst Secured Creditors on Basis of Admitted Claims(30.01.2025)
NCLAT New Delhi bench has held that liquidation proceeds must be distributed to secured creditors on the basis of secured claims as per Section 53 of .....
Tags : NCLAT New Delhi, Secured Creditors, Liquidation Proceeds
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NCLAT: Creditors Not Party to Trusteeship Deed are Not Barred from Enforcing Personal Guarantee(31.01.2025)
NCLAT New Delhi bench has held that even if creditors are not party to the trusteeship deed signed between a trust and the personal guarantors on thei.....
Tags : NCLAT New Delhi, Trusteeship Deed, Personal Guarantors
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NCLAT: When Revival Not Viable Option, Decision to Liquidate Corporate Debtor can’t be Faulted(31.01.2025)
NCLAT New Delhi bench has held that when revival of corporate debtor is not a viable option, then the decision taken by Committee of Creditors to liqu.....
Tags : NCLAT New Delhi, Corporate Debtor, Viable Option
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NCLAT: Can’t Interfere with CoC’s Commercial Wisdom to Distribute Amount Based on Security Interest(03.02.2025)
NCLAT New Delhi has observed that if the provisions of Insolvency and Bankruptcy Code, 2016 are complied with then there cannot be interference in the.....
Tags : NCLAT New Delhi, Commercial Wisdom, Security Interest
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NCLAT: Can’t Condone Delay of 115 Days in Refiling Appeal on Frivolous Grounds(07.02.2025)
NCLAT New Delhi bench while refusing to condone delay of 115 days in refilling appeal, has observed that condoning delay on frivolous grounds would be.....
Tags : NCLAT New Delhi, Refiling Appeal, Frivolous Grounds
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NCLAT: Can’t Question Order Approving RP When Application Seeking Approval Filed within Time(03.03.2025)
NCLAT New Delhi bench has held that when an order approving the Resolution Plan (RP) is passed by the Adjudicating Authority after expiry of 330 days .....
Tags : NCLAT New Delhi, Resolution Plan, Adjudicating Authority
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NCLAT: Cannot Consider Interest Free Maintenance Fee Deposited by Allottees as Financial Debt(03.03.2025)
NCLAT New Delhi bench has held that the payment of interest free maintenance fee to be made by allottees to the corporate debtor under the Conveyance .....
Tags : NCLAT New Delhi, Maintenance Fee, Financial Debt
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NCLAT: No Jurisdiction on NCLT to Convict Person for Offence under Section 68 of IBC(03.03.2025)
NCLAT New Delhi bench has held that the in view of Section 236(1) of the Insolvency and Bankruptcy Code, 2016 (IBC), National Company Law Tribunal (NC.....
Tags : NCLAT New Delhi, NCLT, Section 68
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SC Expresses Surprise over NCLAT Writing 17 Page Order Despite High Pendency(05.03.2025)
Supreme Court has observed why the NCLAT which has a high pendency should devote so much of time and energy in writing an order running into 17 pages .....
Tags : Supreme Court, NCLAT, High Pendency
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NCLAT: Approval of RP Can’t be Questioned by OC When Provided with More than Liquidation Value(07.03.2025)
NCLAT New Delhi bench has held that Operational Creditors cannot question Resolution Plan approved by the Adjudicating Authority when they are provide.....
Tags : NCLAT New Delhi, Operational Creditors, Resolution Plan
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NCLAT: Expecting SRA to Accept Belated Claims would tantamount to subjecting SRA to Uncertainty(10.03.2025)
NCLAT New Delhi bench while dismissing appeals filed after an inordinate delay under Section 61 of IBC, 2016, has observed that to expect belated clai.....
Tags : NCLAT New Delhi, Belated Claims, Successful Resolution Applicant
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Shareholders can Apply for Settlement Approval with Creditors Even After Liquidator Appointed: NCLAT(16.04.2019)
National Company Law Appellate Tribunal has held that shareholders/promoters of a company can file application for approval of settlement with credito.....
Tags : NCLAT, Settlement Approval, Official Liquidator
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IL&FS Should Pay 80% Dues of Small Creditors: NCLAT(17.04.2019)
National Company Law Appellate Tribunal (NCLAT) has observed that IL&FS should distribute funds to small creditors, in a manner that 80 per cent of th.....
Tags : NCLAT, IL&FS
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Promoter too can Seek Revival During Liquidation: NCLAT(18.04.2019)
National Company Law Appellate Tribunal (NCLAT) has held that erstwhile promoter of a company undergoing liquidation under old Companies Act among its.....
Tags : NCLAT, Revival, Liquidation
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IBBI is Competent Body to Act Against Resolution Professionals: NCLAT(22.04.2019)
National Company Law Appellate Tribunal has said that Insolvency and Bankruptcy Board of India (IBBI) will be competent authority and not National Com.....
Tags : NCLAT, IBBI, resolution professional
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IBBI is Competent Body to Act Against Resolution Professionals: NCLAT(22.04.2019)
National Company Law Appellate Tribunal has said that Insolvency and Bankruptcy Board of India (IBBI) will be competent authority and not National Com.....
Tags : NCLAT, IBBI, Resolution Professional
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NCLAT Rejects DoT's Plea in Aircel Licence Moratorium Matter Citing Delay in Appeal(09.03.2020)
National Company Law Appellate Tribunal (NCLAT) has rejected the telecom department's plea citing delay in appeal against the National Company Law Tri.....
Tags : NCLAT, Aircel
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INSOLVENCY - NCLAT Seeks Financial Details of 13 IL&FS Subsidiaries(30.03.2019)
National Company Law Appellate Tribunal (NCLAT) has directed IL&FS to provide the details of the dues at 13 of its group companies and those of the cr.....
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NCLAT Excludes Period of Lockdown for Resolution Process(31.03.2020)
National Company Law Appellate Tribunal has excluded the period of lockdown for the purposes of counting resolution process under Section 12 of the In.....
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NCLAT Chennai Bench Stays Insolvency Process Against Tata Projects Limited(07.01.2022)
National Company Law Appellate Tribunal, Chennai Bench has stayed the order against Tata Projects Limited to initiate Corporate Insolvency Resolution .....
Tags : NCLAT, Corporate Insolvency Resolution Process, Stay Order
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NCLAT: 'Adjudicating Authority' Is Not A 'Court of Law' And 'CCIRP' Is Not Synonymous To litigation(07.01.2022)
NCLAT, Chennai Bench in the case of Drip Capital Inc. v. Concord Creations (India) Pvt. Ltd. set aside the order passed by the Adjudicating Authority,.....
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SC Sets Aside NCLAT’s Order Impeding Implementation of SC Order(06.01.2023)
Supreme Court while deprecating and setting aside a status quo order passed by NCLAT Delhi which impeded the implementation of an order passed by the .....
Tags : Supreme Court, NCLAT, Contempt, Deprecates
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NCLAT Extends Hearing of Tata Mistry Matter to October 31(06.09.2018)
National Company Law Appellate Tribunal (NCLAT) has extended the hearing of the Tata Mistry matter to October 31.
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NCLAT Sets Aside Rs. 87 Crore CCI Penalty on Hyundai Motor(20.09.2018)
NCLAT has set aside an order of CCI imposing a Rs 87 crore fine on Hyundai Motor India for allegedly adopting unfair business ways with respect to dis.....
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NCLAT Requests Details of Settlement With McDonald's from Vikram Bakshi(11.07.2019)
National Company Law Appellate Tribunal (NCLAT) has sought details of Vikram Bakshi and his wife Madhurima Bakshi to file on an affidavit detailing th.....
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Jet Airways Case: NCLAT Agrees to Hear Dutch Court’s Request(15.07.2019)
National Company Law Appellate Tribunal (NCLAT) has agreed to hear a plea filed by a Dutch court seeking access to the financial details of Jet Airway.....
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NCLAT Okays Vedanta Plans to Buy Electrosteel(31.05.2018)
National Company Law Appellate Tribunal (NCLAT)has allowed Vedanta Limited to acquire Electrosteel Steels by depositing the up-front payment of Rs. 5,.....
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NCLAT Stays Insolvency Proceedings Against RCom(31.05.2018)
National Company Law Appellate Tribunal (NCLAT) has stayed insolvency proceedings against the debt-laden company, paving the way for sale of RCom’s a.....
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NCLAT Asks Tata to Clarify Stand on Bhushan Steel’s Dues(31.05.2018)
National Company Law Appellate Tribunal (NCLAT) has asked Tata Steel Ltd to file an affidavit stating provisions in the resolution plan, if any, on th.....
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NCLAT Says Essar Steel Lenders can't Discriminate Among Operational Creditors(24.04.2019)
National Company Law Appellate Tribunal has observed that Committee of Creditors of Essar Steel cannot discriminate among operational creditors of the.....
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Solve Issues of Companies Under Debt: NCLAT(29.04.2019)
National Company Law Appellate Tribunal has stated that functional companies boost the economy and are a source of income for families and also called.....
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NCLAT Permits RCom Plea to Continue Insolvency Proceedings(01.05.2019)
National Company Law Appellate Tribunal has approved Reliance communication's plea to proceed with insolvency plans and also lifted an earlier morator.....
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NCLAT: Upon Approval of Resolution Plan, Claims not Included in RP Stand Extinguished(10.02.2025)
NCLAT New Delhi bench has restated that all claims which are not included in Resolution Plan stand extinguished upon approval of the plan.
Tags : NCLAT New Delhi, Claims, Resolution Plan
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NCLAT: Resolution Professional Can’t Admit Claims Based On Uninvoked Guarantee(10.02.2025)
NCLAT New Delhi bench has held that any claim based on uninvoked guarantee given by the corporate debtor cannot be admitted by the Resolution Professi.....
Tags : NCLAT New Delhi, Uninvoked Guarantee, Resolution Professional
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NCLAT: When S. 54C App. is Filed 14 Days after S.7 Application, the Latter should be Decided First(12.02.2025)
NCLAT New Delhi bench has held that as per section 11A(3) of IBC, application under Section 7 must be decided first when application under section 54C.....
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NCLAT: Project Management Committee Constituted under Agreement Doesn’t Absolve CD from Obligations(12.02.2025)
NCLAT New Delhi bench has held that if a Project Management Committee comprising members of financial creditors and corporate debtor has been constitu.....
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NCLAT: CoC Can’t Consider Other Plan Once RP is Approved by CoC & Submitted to Authority(13.02.2025)
NCLAT New Delhi bench has held that Committee of Creditors (CoC) cannot consider any other plan once it has approved the Resolution Plan (RP) and subm.....
Tags : NCLAT New Delhi, Resolution Plan, Adjudicating Authority
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NCLAT: Can’t Change Related Party Status Estb. through Agreement by Sending Notice against Terms(18.02.2025)
NCLAT New Delhi bench has held that by sending a termination notice against the expressed terms of the agreement, related party status established thr.....
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NCLAT: Even if No Reply is Given to Demand Notice, CD Not Barred from Contesting App. u/s 9(18.02.2025)
NCLAT New Delhi bench has held that Corporate Debtor cannot be barred from contesting the application filed under section 9 of IBC even if no reply wa.....
Tags : NCLAT New Delhi, Corporate Debtor, Operational Creditor
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NCLAT Sets Aside Sterling Biotech Liquidation(04.09.2019)
National Company Law Appellate Tribunal (NCLAT) has set aside a lower court order to liquidate debt-ridden Sterling Biotech, permitting its promoters .....
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NCLAT Stays Formation of HDIL Committee of Creditors(04.09.2019)
National Company Law Appellate Tribunal (NCLAT) in a partial relief to listed realty developer Housing Development & Infrastructure Ltd (HDIL) has sta.....
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NCLAT Upholds NCLT Order to Initiate Insolvency Against Aditya Estates(09.09.2019)
National Company Law Appellate Tribunal (NCLAT) has rejected a plea challenging National Company Law Tribunal’s (NCLT's) order to initiate insolvency .....
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NCLAT: IBC Proceedings Valid Even if Company's Name Struck Off From Register(13.09.2019)
National Company Law Appellate Tribunal (NCLAT) has reiterated that an application under Section 7 and 9 of the Insolvency and Bankruptcy Code, 2016 f.....
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NCLAT: Unavailability of Member to Sign the Order Not a Ground for Fresh Hearing(01.06.2022)
National Company Law Appellate Tribunal, Principal Bench has held that an order passed with the consent of both Members of an NCLT Bench but signed by.....
Tags : NCLAT, Temporary Unavailability, Fresh Hearing
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NCLAT Allows Banks to Declare Defaulting IL&FS Accounts as NPAs(03.05.2019)
National Company Law Appellate Tribunal (NCLAT) has allowed banks to declare as non-performing assets the accounts of IL&FS and its group companies th.....
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NCLAT Allows Banks to Declare Defaulting IL&FS Accounts as NPAs(03.05.2019)
National Company Law Appellate Tribunal (NCLAT) has allowed banks to declare as non-performing assets the accounts of IL&FS and its group companies th.....
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NCLAT Rejects Ramco's Appeal Against Spicejet For Insolvency Proceedings(13.05.2019)
National Company Law Appellate Tribunal (NCLAT) has rejected an appeal by Ramco Systems against SpiceJet related to alleged non-payment of dues by the.....
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NCLAT Rules Against Ingen for Delaying Orchid Pharma Resolution Plan(13.05.2019)
National Company Law Appellate Tribunal has directed the Centre to take action against US-based investor Ingen Capital Group LLC, its managing directo.....
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SC Directs Centre to Complete Process of Reappointment of NCLT and NCLAT Members at Earliest(01.06.2021)
Supreme Court has directed the Central government to complete the process of reappointment of members of National Company Law Tribunal and National Co.....
Tags : Supreme Court, Reappointment of NCLT and NCLAT Members
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NCLAT Refuses to Stay Resolution Process of Bhushan Power and Steel(13.07.2018)
National Company Law Appellate Tribunal (NCLAT) has turned down the plea of U.K.-based Liberty House to stay the resolution process of Bhushan Power a.....
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NCLAT Pulls Up Ruias, Says Interventions Delaying Essar Steel Resolution(15.05.2019)
NCLAT pulled up the Ruias for their last-minute application to reject ArcelorMittal's Rs 42,000-crore bid for Essar Steel, saying such steps were stal.....
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NCLAT: Can't Allow McDonald's-Vikram Bakshi Deal Without Hearing Hudco(16.05.2019)
National Company Law Appellate Tribunal has said that it could not allow the McDonalds India Private Limited-Vikram Bakshi out-of-court settlement dea.....
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NCLAT Annuls Creditors' Voting on NBCC's Bid for Jaypee Infratech(20.05.2019)
National Company Law Appellate Tribunal has annulled voting by the Committee of Creditors of Jaypee Infratech Limited on a bid submitted by NBCC (Indi.....
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Essar Steel: NCLAT Probes 'Magical Accounting' by ArcelorMittal, CoC(22.05.2019)
National Company Law Appellate Tribunal has observed that the Committee of Creditors (CoC) of Essar Steel India Ltd and ArcelorMittal had done some ‘m.....
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SC: Judiciary has to Modernize and Adapt to Technology(09.05.2023)
Supreme Court has observed that if some judges are uncomfortable with e-files, answer is to provide them training and not to continue with old and out.....
Tags : Supreme Court, NCLAT, e-files
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SC: Limitation Period for Filing Appeal to NCLAT Doesn’t Include Date of Order/Pronouncement/Time(10.05.2023)
Supreme Court has held that the date of pronouncement of order and time taken by tribunal to provide certified copy of order must be excluded while co.....
Tags : Supreme Court, Limitation Period, NCLAT
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NCLAT: Mandatory Free-of-Cost Copy of Final Order Can’t be Treated as ‘Certified Copy’(11.07.2024)
National Company Law Appellate Tribunal (NCLAT) has held that a mandatory free-of-cost copy of a final order cannot be used to file an appeal before a.....
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Del. HC: NCLAT Requested to Examine Viability of Recording of Proceedings Before NCLT, NCLAT(11.07.2024)
Delhi High Court has requested the National Company Law Appellate Tribunal (NCLAT) to examine the viability of recording of proceedings of NCLT and NC.....
Tags : Delhi High Court, NCLT, NCLAT, Recording of Proceedings
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NCLAT Grants Moratorium to IL&FS on Creditors Procedings(16.10.2018)
National Company Law Apellate Tribunal has granted a moratorium on all creditor actions against IL&FS and its group companies for 'Larger Public Inter.....
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NCLAT Expresses Displeasure Over Delay in IL&FS Resolution(09.08.2019)
National Company Law Appellate Tribunal (NCLAT) has expressed its displeasure over the slow progress by the Government and IL&FS in the resolution of .....
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NCLAT:Financial Creditor Cannot Question Insolvency Proceedings Started by Another Financial Creditor(26.08.2019)
National Company Law Appellate Tribunal (NCLAT) while rejecting an appeal filed by L & T Infrastructure Finance Company Ltd ruled that a Financial Cre.....
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NCLAT Dismisses Govt Claims of 314 Million Dollars from Videocon for Ravva offshore(02.09.2019)
National Company Law Appellate Tribunal (NCLAT) has dismissed the oil ministry's plea seeking 314 million dollars (around Rs 2,245 crore) from insolve.....
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NCLAT: Claims of Homebuyers Reflected in Corporate Debtor Records Must be Shown in Information Memo(03.06.2022)
National Company Law Appellate Tribunal (NCLAT) Principal bench has held that the claims of those homebuyers who could not file their claims within st.....
Tags : NCLAT, Homebuyers, Corporate Debtor
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NCLAT Opens Doors for Adani, Others to Bid for Jaypee Infratech(18.07.2019)
National Company Law Appellate Tribunal (NCLAT) has asked the counsel for lenders of Jaypee Infratech to provide terms and conditions for new resoluti.....
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NCLAT Approves IL&FS to Sell Remaining 51% Stake in 7 Wind Energy Arms to Japan's Orix Corp(23.07.2019)
National Company Law Appellate Tribunal (NCLAT) has approved the cash strapped Infrastructure Leasing and Financial Services (IL&FS) for the proposed .....
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RCom default: NCLAT Rejects Contempt Petition Against Anil Ambani(24.07.2019)
National Company Law Appellate Tribunal (NCLAT) has rejected contempt petitions filed against Reliance Group Chairman Anil Ambani and other officials .....
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NCLAT Upholds NCLT’s Order Allowing Insolvency Proceedings Against ‘Go First’ Airline(23.05.2023)
NCLAT while rejecting the plea filed by lessors of aircrafts of Go First Airlines to take possession of the aircrafts, has upheld the order of NCLT De.....
Tags : NCLAT, Go First, Insolvency
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NCLAT: Without Payment in Discharge of Guarantee, Guarantor Cannot Become Financial Creditor(29.11.2024)
NCLAT New Delhi bench has held that without paying amount towards discharging liability of principal borrower for whom guarantee was given, guarantor .....
Tags : NCLAT Delhi, Guarantor, Discharge of Guarantee
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NCLAT: Can Admit Application u/s 7 of IBC if Interest on Principal Amount Crosses Threshold Limit(02.12.2024)
NCLAT Delhi bench has held that application under Section 7 of Insolvency and Bankruptcy Code, 2016 can be admitted if interest on principle amount di.....
Tags : NCLAT Delhi, Principal Amount, Corporate Debtor
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NCLAT: Amount Belonging to Corpo. Debtor Can be Recovered by Liquidator by Filing Application u/s 60(02.12.2024)
NCLAT New Delhi bench has held that amount belonging to the Corporate Debtor can be recovered by Liquidator by filing an application under Section 60(.....
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NCLAT: Can Set Aside Fraudulent Initiation of CIRP while hearing appeal u/s 61 of IBC(02.12.2024)
NCLAT New Delhi bench has held that while hearing an appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016, NCLAT can set aside fraudule.....
Tags : NCLAT New Delhi, CIRP, Section 61
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NCLAT: Authority Can’t Pass Adverse Remarks against RP Performing Duties as Per CoC’s Instruction(05.12.2024)
NCLAT New Delhi bench has held that the Adjudicating Authority cannot pass adverse remarks against the Resolution Professional who is performing dutie.....
Tags : NCLAT New Delhi, Adverse Remarks, Committee of Creditors
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NCLAT: Recovery Proceedings before DRT doesn’t Prohibit Financial Creditors from Filing App. u/s 7(17.01.2025)
NCLAT New Delhi bench has held that if recovery proceedings have been initiated before the Debt Recovery Tribunal (DRT) it does not prohibit Financial.....
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NCLAT: Can File App. u/s 7 of IBC when Entire Liability Not Discharged after Selling Pledged Shares(17.01.2025)
NCLAT New Delhi bench has held that an application under section 7 of the Insolvency and Bankruptcy Code, 2016 can be filed when the entire liability .....
Tags : NCLAT New Delhi, Pledged Shares, Section 7
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NCLAT: Fresh Limitation Period Commences from Date when CD Signs Balance Sheet(27.03.2025)
NCLAT New Delhi bench has held that for the purpose of filing an application under section 7 of the Insolvency and Bankruptcy Code, 2016 fresh period .....
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NCLAT: Can’t Recall Order Passed after Considering Materials Important for Determination of Issue(27.03.2025)
NCLAT New Delhi bench has held that if an order has been passed by Adjudicating Authority after consideration of all the necessary materials that are .....
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NCLAT: Must Admit Application u/s 7 When CD’s OTS Proposal is Rejected(27.03.2025)
NCLAT New Delhi bench has held that an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 must be admitted when a One-Time Settle.....
Tags : NCLAT New Delhi, Application, OTS Proposal
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NCLAT Partially Upholds CCI’s Decision that Google Leveraged its Dominance in Play Store Ecosystem(01.04.2025)
NCLAT New Delhi bench has partially upheld the Competition Commission of India’s decision that Google leveraged its dominance in the Play Store ecosys.....
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NCLAT: Resolution Plan of Corporate Debtor to be Proceeded Strictly(10.03.2025)
NCLAT New Delhi bench while dismissing an appeal filed by the suspended directors of the Supertech Township Projects Ltd, has stated that resolution p.....
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NCLAT: Can’t Lay Down Straight Jacket Formula for Adjudication of Application u/s 12A of IBC(10.03.2025)
NCLAT New Delhi bench has held that for adjudication of application under Section 12A of Insolvency and Bankruptcy Code, 2016 by the Adjudicating Auth.....
Tags : NCLAT New Delhi, Straight Jacket Formula, Adjudication of Application
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NCLAT: Existence of Financial Debt Essential for Initiating Proceedings under Section 7 of IBC(11.03.2025)
NCLAT New Delhi bench while dismissing a petition filed under Section 7 of the Insolvency and Bankruptcy Code, 2016, has stated that for initiating pr.....
Tags : NCLAT New Delhi, Financial Debt, Section 7
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NCLAT: OC Can Trigger CIRP Process Only When there is an Undisputed Debt(17.03.2025)
NCLAT New Delhi bench has held that Operational Creditor (OC) can trigger CIRP Process only when there is existence of an undisputed debt and default .....
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NCLAT: If No Lease Deed is Shown by 3rd Party, Machinery Hypothecated by CD Remains Its Asset(18.02.2025)
NCLAT New Delhi bench has held that if no lease deed is shown under which third party is claiming to be the owner of the machinery hypothecated by Cor.....
Tags : NCLAT New Delhi, Corporate Debtor, Lease Deed
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NCLAT: Non-Registration of Charge not Sine Qua Non for Creditor to be Treated as ‘Secured Creditor’(18.02.2025)
NCLAT New Delhi bench has held that non-registration of “charge” as per Section 77 of Companies Act, 2013 is not a sine qua non for a Creditor to be t.....
Tags : NCLAT New Delhi, Sine Qua Non, Secured Creditor
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NCLAT: Can’t Categorize Security Deposit Without Intention of Commercial Effect of Borrowing, as FD(18.02.2025)
NCLAT New Delhi bench has held that the security amount deposited under a Memorandum of Understanding (MoU) without any intention of commercial effect.....
Tags : NCLAT New Delhi, Memorandum of Understanding, Commercial Effect
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