Search Results for Tag : NCLAT New Delhi
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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: 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: 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: 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: 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: 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: 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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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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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: 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: 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: 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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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: 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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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: 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 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: 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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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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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.....
Tags : NCLAT New Delhi, Resolution Plan, Corporate Debtor
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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: 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: 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.....
Tags : NCLAT New Delhi, Section 54C, IBC
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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.....
Tags : NCLAT New Delhi, Project Management Committee, Corporate Debtor
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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.....
Tags : NCLAT New Delhi, Related Party Status, Termination Notice
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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: 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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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: 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 .....
Tags : NCLAT New Delhi, Fresh Limitation Period, Corporate Debtor
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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 .....
Tags : NCLAT New Delhi, Adjudicating Authority, Determination of Issue
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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.....
Tags : NCLAT New Delhi, Play Store, Google Play
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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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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(.....
Tags : NCLAT New Delhi, Corporate Debtor, Liquidator
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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: 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: 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.....
Tags : NCLAT New Delhi, Financial Creditors, Recovery Proceedings
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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: 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 .....
Tags : NCLAT New Delhi, Operational Creditor, Undisputed Debt
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