Search Results for Tag : creditor
International Cases
Singapore HC preemptively restrains creditor meeting(10.12.2015)
Singapore High Court granted an order of restraint against creditors of a company in receivership, installing, essentially, a moratorium till the Appl.....
Tags : Singapore, restraint, creditor meeting, preempt
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Notifications & Circulars
Sharing of report prepared by resolution professional to both debtor and creditor(12.02.2024)
1. The resolution professional (RP) in an insolvency resolution process of a debtor under Chapter III of Part III of the Insolvency and Bankruptcy Cod.....
Tags : Sharing, Report, Debtor and creditor
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Judgments
A litigant can take different stands at different times but cannot take contradictory stands in the same case(08.10.2018)
The Appellant is an assignee of debt by the Industrial Finance Corporation of India Ltd. ("IFCI") for the outstanding of Mahendra Petrochemicals Ltd. .....
Tags : Substitution, Secured creditor, Entitlement
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A registered trade union can maintain a petition as an operational creditor on behalf of its members(30.04.2019)
The present appeal raises an important question as to whether a trade union could be said to be an operational creditor for the purpose of the Insolve.....
Tags : Operational creditor, Trade union, Representation
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A registered trade union can maintain a petition as an operational creditor on behalf of its members(30.04.2019)
The present appeal raises an important question as to whether a trade union could be said to be an operational creditor for the purpose of the Insolve.....
Tags : Operational creditor, Trade union, Representation
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Application under Section 9 of the IBC after completion of the Corporate Insolvency Resolution Process against Corporate Debtor is not maintainable(13.06.2022)
Present is a Company Petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) by Bharat Pipe Fitting Co. (Operational Creditor.....
Tags : Operational Creditor, Right, CIRP
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Assignment is a transaction independent of sale of secured asset(04.08.2015)
The assignment of debt by a secured creditor is an independent transaction, which does not affect either the liability or the rights of the borrower. .....
Tags : security, assignment, secured creditor, transfer of debt
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A collaborator in the development agreement is not a financial creditor(18.01.2023)
Present Appeal has been filed against the Order by which on an Application filed by the Home-Buyers, the Appellant has been removed from the Committee.....
Tags : Committee, Creditors, Removal
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Mere fact that majority debenture holders have not initiated any application under Section 7 of IBC, shall not preclude financial creditor to initiate the same(01.02.2023)
Present Appeal has been filed against the Order by which order, the Adjudicating Authority has admitted Section 7 Application filed by the Financial C.....
Tags : Financial creditor, Application, Allowability
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Employee of company has same locus standi as creditor(24.08.2015)
A three-judge bench of the Madhya Pradesh High Court answered the question, whether an employee of a company qualifies as a creditor of the company, i.....
Tags : Employee, creditor, company, debt
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No right of representation for borrowers in proceedings by lender seeking assistance to take possession(06.08.2015)
In an application by a creditor seeking assistance to take possession of the secured asset, under Section 14 SARFAESI Act, 2002, there is no requireme.....
Tags : Assistance, secured creditor, asset, notice
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News
Operational Creditors should Get a Say and Vote in Insolvency Process: SC(14.12.2018)
Supreme Court has observed that Operational creditors of companies undergoing the corporate insolvency resolution process should have a say in the com.....
Tags : Supreme Court, Operational Creditors, Insolvency Process
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NCLT: Salary During Notice Period Does Not Fall Within the Definition of 'Operational Debt' Under IBC(26.05.2022)
National Company Law Tribunal, Mumbai Bench has held that salary for purported notice period amounts to specific performance of the appointment letter.....
Tags : National Company Law Tribunal, Operational Debt, Operational Creditor
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NCLT, Kolkata: IRP Against Legal Heirs of Personal Guarantor by Financial Creditor Not Permissible(11.04.2022)
National Company Law Tribunal, Kolkata has held that the application is not maintainable against legal heirs of the Personal Guarantor under the Insol.....
Tags : National Company Law Tribunal, Financial Creditor, Personal Guarantor, Bank of Baroda
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NCLAT: Resolution Professional Cannot Withhold Any Plan and Refuse to Submit Before CoC(12.04.2022)
National Company Law Appellate Tribunal, has observed that Resolution Professional of its own cannot withhold any plan and reject to submit the same b.....
Tags : National Company Law Appellate Tribunal, Resolution Professional, Committee of Creditors
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SC Stays CIRP Proceedings on Behalf of Operational Creditor Making Futuristic Claims(17.08.2020)
Supreme Court has stayed the Corporate Insolvency Resolution Process (CIRP) pending against a Corporate Debtor, in view of the "futuristic claims" mad.....
Tags : Supreme Court, Operational Creditor Making Futuristic Claims
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SC Declares Noida As Operational Creditor Under IBC(18.05.2022)
Supreme Court has ruled that the NOIDA is an operational creditor under the provisions of the Insolvency and Bankruptcy Code, 2016 (IBC).
Tags : Supreme Court, NOIDA, Insolvency and Bankruptcy Code, 2016, creditor
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NCLT: Committee of Creditors Are Competent to Revise Approved Fees of Resolution Professional(09.05.2022)
National Company Law Appellate Tribunal has ruled that the Committee of Creditors is fully competent to revise its earlier approval of the fees of the.....
Tags : National Company Law Appellate Tribunal, Committee of Creditors, Resolution Professional
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Delhi HC: Foreign Creditors Can't be Treated Differently From Domestic Creditors(09.05.2022)
Delhi High Court has observed that in the modern times of globalization, foreign creditors cannot be treated differently from domestic creditors.
Tags : Delhi High Court, globalization, foreign creditors, domestic creditors
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IBBI Asks to Furnish Extracts of GSTR-1, GSTR-3B & E-Way Bills Along With Application(17.06.2022)
Insolvency and Bankruptcy Board of India (IBBI) has notified that the operational creditors shall furnish extracts of GSTR-1, GSTR-3B and e-way bills,.....
Tags : IBBI, GSTR, Operational Creditors
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Bombay HC: Secured Creditors Shall Take Priority Over Government Dues Under SARFAESI Act(05.09.2022)
Bombay High Court has held that the rights of secured creditors to realise secured debts shall have priority over government dues, including revenues,.....
Tags : Bombay High Court, SARFAESI Act, Secured Creditors
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SC: Financial Creditor Can be Excluded from CoC if it Got Rid of 'Related Party' Label(02.02.2021)
Supreme Court has held that a financial creditor which is not a "related party" to the corporate debtor at present can also be excluded from the Commi.....
Tags : Supreme Court, Financial Creditor
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ITAT: Money Can’t be Treated as ‘Unaccounted’ Merely Because of Non-Response from Creditors(26.07.2022)
Income Tax Appellate Tribunal (ITAT), Delhi bench, while deleting penalty under section 271(1)(c) of the Income Tax Act, 1961 has held that the money .....
Tags : ITAT, Creditors, Unaccounted
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SC: Entries in Balance Sheet of Corporate Debtor Can be Treated as Acknowledgment of Liability(02.08.2022)
Supreme Court has held that the entries in Books of Account/Balance sheet of a company can be treated as acknowledgement of liability in respect of de.....
Tags : Supreme Court, Balance Sheet, Liability, Financial Creditors
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Delhi HC: Challenge Against Action Taken by Secured Creditor Won’t Bar Arbitration Proceedings(23.11.2022)
Delhi High Court has held that even if a party intended to take action under Section 17 of SARFAESI Act by filing a petition before Debt Recovery Trib.....
Tags : Delhi High Court, Secured Creditor, Arbitration
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Lenders Having Vested Interest in Debtor shouldn’t be Part of Creditors’ Panel: NCLT(15.04.2019)
National Company Law Tribunal (NCLT), Chennai Bench has held that a party having a vested interest /relation with a corporate debtor should not be a p.....
Tags : National Company Law Tribunal, Committee of Creditors
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NCLAT: COC's Decision For Liquidation Is Open To Judicial Review By NCLT And NCLAT(19.10.2022)
National Company Law Appellate Tribunal, Delhi has ruled that when the Committee of Creditors (CoC) decides to liquidate the Corporate Debtor, the dec.....
Tags : National Company Law Appellate Tribunal, Committee of Creditors, Corporate Debtor, liquidation
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NCLT, Cuttack: Related Party of Financial Creditor Not Barred U/S 29A To Submit A Resolution Plan(21.10.2022)
National Company Law Tribunal, Cuttack has observed that the Insolvency and bankruptcy Code does not bar a related party of the Financial Creditor fro.....
Tags : National Company Law Tribunal, Financial, Creditor
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SC: NCLT/NCLAT Cannot Interfere with Commercial Wisdom of Committee of Creditors(11.03.2021)
Supreme Court has reiterated that the National Company Law Tribunal (NCLT) or the National Company Law Appellate Tribunal (NCLAT) cannot interfere wit.....
Tags : Supreme Court, Commercial Wisdom of Committee of Creditors
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Registered Trade Union can File Insolvency Petition as Operational Creditor: SC(01.05.2019)
Supreme Court has held that a registered trade union can maintain a petition as an operational creditor on behalf of its members.
Tags : Supreme Court, Operational Creditor, Registered Trade Union
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SC: Rehabilitation Scheme Under SICA Binds All Creditors(20.03.2023)
Supreme Court while observing that rehabilitation scheme under Section 18 of the SICA, 1985 shall bind all the creditors including the unsecured credi.....
Tags : Supreme Court, SICA, Unsecured Creditors, Rehabilitation Scheme
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SC: Principle of Commercial Wisdom Doesn’t Validate CoC’s Decision Taken in Contravention of Law(08.05.2023)
Supreme Court has held that the principle of Commercial wisdom cannot be used to validate the decision of Committee of Creditors (CoC) which was taken.....
Tags : Supreme Court, Commercial Wisdom, Committee of Creditors
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SC: Certificate of Recovery in Favour of Financial Creditor Gives Fresh Cause to Initiate CIRP(05.08.2021)
Supreme Court has observed that a judgment and/or decree for money in favour of the Financial Creditor, or the issuance of a Certificate of Recovery i.....
Tags : Supreme Court, Certificate of Recovery in Favour of Financial Creditor
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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.....
Tags : NCLAT, Financial Creditor
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Supreme Court: Financial Creditor Status Meant to Protect Homebuyers' Interest(25.07.2019)
Supreme Court has observed that amendment in the Insolvency and Bankruptcy Code to give status of financial creditor to homebuyers is meant to protect.....
Tags : Supreme Court, Financial Creditor
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Supreme Court Upholds Homebuyers' Status of Financial Creditors(09.08.2019)
Supreme Court has upheld the Government's decision to grant homebuyers the status of financial creditors, thereby enabling them to claim their dues wh.....
Tags : Supreme Court, Financial Creditors
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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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SC: IBC Overrides Provisions of Electricity Act, 2003(18.07.2023)
Supreme Court while observing that Section 238 of Insolvency and Bankruptcy Code (IBC) override provisions of the Electricity Act, 2003, has held that.....
Tags : Supreme Court, IBC, Electricity Act, Secured Creditors
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Delhi HC:Creditor Cannot be Given Preferential Treatment Towards Satisfaction of Compromise Decree(13.08.2019)
Delhi High Court has while rejecting a contempt petition held that contempt proceedings could not be used to execute an order of payment whose executi.....
Tags : Delhi HC, Creditor
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SC: Only Expressly Created Statutory Charges can Take Precedence Over Secured Creditors' Claim(05.12.2019)
Supreme Court has reiterated that only expressly created statutory first charges under Central and State laws can take precedence over the claims of s.....
Tags : SC, Secured Creditors
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SC: Power of Attorney Holder of Financial Creditor Who Had Been Given Authorisation(01.10.2021)
Supreme Court has observed that the power of attorney holder of a financial creditor who has been given authorisation can file an application under Se.....
Tags : Supreme Court, Power of Attorney Holder of Financial Creditor
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SC: Admission of Claims After Acceptance of RP by CoC will Make CIRP an Endless Process(12.09.2023)
Supreme Court has held that if claims are admitted after resolution plan (RP) has been accepted by the Committee of Creditors (COC) under Insolvency a.....
Tags : Supreme Court, CIRP, Resolution Plan, Committee of Creditors, Claims
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SC Quashes NCLAT Order which held that Dissenting Financial Creditor should not be Discriminated(11.11.2019)
Supreme Court has quashed an order passed by the National Company Law Appellate Tribunal which ruled that a dissenting financial creditor cannot be di.....
Tags : SC, Financial Creditor
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Telangana HC: Scrutiny By IT Department Barred For The Period Covered By The Resolution Plan(28.01.2022)
Telangana High Court has observed that for the period covered by the Resolution Plan, Income Tax Department cannot carry out any scrutiny or assessmen.....
Tags : Income Tax Act, Insolvency and Bankruptcy Code, Corporate Debtor, Financial Creditor
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MP HC Issues Guidelines on S.14 Appln Filed by Secured Creditors under SARFAESI Act(27.11.2023)
Madhya Pradesh High Court while observing that inaction of DM/ADM/ CJMs has resulted in secured creditors rushing to High Court, leading to opening of.....
Tags : Madhya Pradesh High Court, SARFAESI Act, Secured Creditors, Section 14, Guidelines
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SC: Closer Examination of RP’s Feasibility if Plan Envisages Use of Asset Owned By Statutory Body(15.02.2024)
SC while observing that normally resolution plan’s feasibility is best decided by the commercial wisdom of Committee of Creditors, has held that when .....
Tags : Supreme Court, Resolution Plan, Committee of Creditors
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NCLAT: Creditors Belonging to Different Classes Can be Given Different Treatment(03.03.2020)
National Company Law Appellate Tribunal has reconfirmed the principle that the touchstone for judging the benevolence of a resolution plan does not de.....
Tags : National Company Law Appellate Tribunal, Differential Treatment of Creditors
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NCLAT: Limitation Period Applicable to Application Filed by Financial Creditor(16.03.2020)
National Company Law Appellate Tribunal has reversed the order of the National Company Law Tribunal, Ahemdabad holding that the order of admission of .....
Tags : National Company Law Appellate Tribunal, Limitation on Application by Financial Creditor
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SC: Operational Creditor Includes All Those Who Provide or Receive Operational Services(07.02.2022)
Supreme Court has observed that operational creditor includes all those who provide or receive operational services from the corporate debtor, which u.....
Tags : Supreme Court, Operational Creditor
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NCLAT, Delhi: Operational Creditor is At Liberty to File Legal Proceedings to Recover Claims(21.02.2022)
National Company Law Appellate Tribunal (NCLAT), Delhi has held that the Operational Creditor is at liberty to file appropriate legal proceedings to r.....
Tags : National Company Law Appellate Tribunal, Operational Creditor
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