Tag: IBC
Adjudicating Authority cannot delve into the merits of a Section 95 of Company Petition before appointment of Resolution Professional under Section 97 of IBC
The Hon’ble National Company Law Appellate Tribunal, Principal Bench, New Delhi, comprising of Justice Ashok Bhushan (Chairperson), Barun Mitra (Technical Member), and Arun Baroka (Technical Member), in Central Bank of India vs. Deepen Arun Parekh
Ensuring Dignity: Supreme Court Rules Maintenance Claims Take Priority Over Financial Obligations
Introduction The Supreme Court of India has once again emphasized the paramount importance of the right to maintenance by declaring it superior to statutory financial claims under laws like the SARFAESI Act and the Insolvency
Decoding the Supreme Court Judgment on Stamping and Registration of Sale Certificates: Legal Insights and Implications
In a landmark ruling, the Supreme Court in State of Punjab & Anr. vs M/s Ferrous Alloy Forgings P Ltd. & Ors. (2024 INSC 890) clarified the legal status of sale certificates issued during court-ordered
Insights on the Proposed Amendments to the Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016 and (Voluntary Liquidation Process) Regulations 2017
The Insolvency and Bankruptcy Board of India (IBBI) released a discussion paper on 19th November, 2024, seeking comments on proposed changes to the Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016 and (Voluntary
Interest-Free Security Deposit in Lease Agreements: Operational Debt or Not?
Corob India Pvt Ltd v. Mr. Birendra Kumar Agrawal & Anr.[1] Introduction: The Hon’ble NCLAT in a significant ruling, addressed the issue that has taken place recently which revolves around the matter of Corob India Pvt.
Supreme Court Bars Fresh Filing Of Section 11 Arbitration Application After Unconditional Withdrawal
Introduction The Hon’ble Supreme Court recently in M/s. HPCL Bio-Fuels Ltd. vs M/s. Shahaji Bhanudas Bhad held that Order 23 Rule 1 of the Civil Procedure Code (“CPC”) applies to applications for the appointment of
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