Whether the NCLT can refer a dispute to the Central Government under the Companies Act?
An important question of law was raised in the National Company Law Appellate Tribunal (“NCLAT”) in Vijay Pal Garg & Ors. Vs. Pooja Bahry (dated 4th February 2020)[i] against the order passed by the Adjudicating
Whether a resolution plan can be modified post approval?
Under the Insolvency and Bankruptcy Code, 2016 (“I&B Code”), a Corporate Insolvency Resolution Process (“CIRP”) is initiated with an order of the Adjudicating Authority (“NCLT”) admitting an application by a creditor or debtor. As soon
PERIOD OF LIMITATION STARTS FROM THE DATE OF DEFAULT, NOT FROM THE DATE OF DECREE: NCLAT
In a recent judgment Sh G Eswara Rao vs. Stressed Assets Stabilisation Fund[i] National Company Law Appellate Tribunal (“NCLAT”), the appellate tribunal under the Insolvency & Bankruptcy Code, 2016 (“I&B Code”) held that period of
New Winding-up Rules notified by MCA eases process of closing small businesses
The Ministry of Corporate Affairs (“MCA”) vide its notification dated 24th January, 2020 has notified the long awaited rules for winding up i.e. Companies (Winding Up) Rules, 2020 (“Winding-up Rules”). The Winding-up Rules will come
Judgment on IBC
Important Case Laws 2019 The Insolvency and Bankruptcy Code, 2016 SUPREME COURT OF INDIA Swiss Ribbons Pvt. Ltd. &Anr. Vs UOI &Ors (Supreme Court of India) (2019) 4 SCC OnLine SC 17 (Judgment
Applicability of Limitation Act to Insolvency Cases
The Insolvency & Bankruptcy Code 2016 (“IB Code”) was enacted in 2016. The question of applicability of the the Limitation Act, 1963 (“Limitation Act”) to IB Code continues to be a bone of contention till
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