Tag: Insolvency and Bankruptcy
Validity of Demand Notice Issued by Lawyers Under IBC
Validity of a demand notice under the Insolvency and Bankruptcy Code 2016 (“IBC”) issued by a lawyer on behalf of his client came under the consideration of National Company Law Appellate Tribunal (“NCLAT”), the appellate tribunal
Arbitration instituted after declaring moratorium under the I&B Code is non-est in law
The Supreme Court in its recent judgement passed by a division bench of J.Rohinton Fali Nariman and J. Sanjay Kishan Kaul in Alchemeist Asset Reconstruction Company Ltd v. M/s. Hotel Gaudavan Pvt. Ltd. & Ors.[1]
Limitation Act will not apply to Insolvency Proceeding?
The National Company Law Appellate Tribunal (“NCLAT”) in its recent judgment in Black Pearls Hotel Pvt. Ltd v. Planet M Retail Ltd.[1] examined the issue whether the period of limitation prescribed under the Limitation Act
Supreme Court Clarifies the Term “Existence of Dispute” under the Insolvency and Bankruptcy Code
In a latest judgement passed by a division bench comprising of J. R.F. Nariman and J. Sanjay Kaul, the Supreme Court of India has clarified the interpretation of the term ‘dispute’ under the Insolvency and
I&B Code: Supreme Court Relaxes Time Period for Rectifying Defects in the Application
In its latest judgment[1], the Supreme Court of India examined whether the time limit of 7 days prescribed under Insolvency and Bankruptcy Code (the “Code”) for rectifying or removing defects in the application filed by
SC Rules Directors have no right to file appeal on behalf of the company after the appointment of Insolvency Professional
In one of the first substantive ruling of the Supreme Court under Insolvency and Bankruptcy Code 2016(“the Code”), the Supreme Court held that once insolvency professional is appointed to manage the company, the erstwhile directors
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