Insolvency and Backruptcy

NCLT has limited jurisdiction, cannot substitute any commercial term of resolution plan approved by Committee of Creditors

The Supreme Court in Jaypee Kensington Boulevard Apartments Welfare Association & Ors. vs. NBCC (India) Ltd. & Ors.[1] has issued a significant judgment on the powers and jurisdiction of the National Company Law Tribunal (NCLT)

Insolvency and Backruptcy

Section 14 of Limitation Act applies to application under Section 7 of I&B Code

The Supreme Court in Seth Nath Singh & Anr vs. Baidyabati Sheoraphuli Co-operative Bank Ltd & Anr[1] has ruled that an applicant under Section 7 of the Insolvency and Bankruptcy Code (“I&B Code”) can claim

Article 137 of Limitation Act

Limitation period for filing application under Section 11 of Arbitration Act governed by Article 137 of Limitation Act

The Supreme Court in Bharat Sanchar Nigam Ltd. & another vs. M/s Nortel Networks Pvt. Ltd.[1] has held that the period of limitation for filing an application under Section 11 of the Arbitration and Conciliation

Insolvency and Backruptcy

Moratorium under I&B Code to include proceedings of cheque dishonor & Section 34 of Arbitration Act

The Supreme Court of India in P Mohanraj and others vs. M/s Shah Brothers Ispat Ltd[1] has held that the moratorium under Section 14 of the Insolvency and Bankruptcy Code (the “Code”) also covers proceedings

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