NCLT should preclude mentioning date of hearing on the order, when the order is pronounced on a later date: Supreme Court
The Three Judge Bench of Hon’ble Supreme Court (SC) comprising of Chief Justice of India D.Y. Chandrachud, Justices J.B. Pardiwala and Manoj Mishra in Sanjay Pandurang Kalate v. Vistra ITCL (India) Limited and Others[i] clarifiedthat
Top 5 I&B Code Supreme Court Landmark Judgments, 2023
1. Supreme Court clarified position on limitation period barring operational claims arising out of multiple invoices In March 2023, the Supreme Court (SC) division bench in M/s. Next Education India Pvt. Ltd. Vs. M/s. K12
Properties sold in auction sale prior to the commencement of moratorium cannot be treated as liquidation assets of the Corporate Debtor: Supreme Court
The Hon’ble Supreme Court (“SC”) comprising of Hon’ble Justice Aniruddha Bose and Hon’ble Justice Vikram Nath in the matter of Haldiram Incorporation Pvt. Ltd. v. Amrit Hatcheries Pvt. Ltd.[i] asserted that the properties auctioned for
MSME Promoters are not disqualified u/s 29A of IBC to apply for Resolution Plan: Supreme Court
The Hon’ble Supreme Court in its recent judgment in the case of Hari Babu Thota v. X[i] has overturned the Hon’ble NCLAT’s decision in Digambar Anandrao Pingle v. Shrikant Madanlal Zawar[ii] and has held that,
NCLT to Record Cogent Reasons While Rejecting Resolution Plan u/s 31(2) of IBC: Supreme Court
The Hon’ble Supreme Court of India recently concluded that the National Company Law Tribunal (“NCLT”) while exercising its power under Section 31(2) of the Insolvency and Bankruptcy Code, 2016 (“IBC”) while rejecting a resolution plan
Compulsorily Convertible Debentures Should Be Treated As Equity For The Purpose of IBC: Supreme Court
The debatable issue that arises in corporate laws pertaining to compulsory convertible debentures (CCDs) is whether such CCDs fall under the ambit of financial debt under Insolvency and Bankruptcy Code, 2016 (IBC) or not. A
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