Tag: Insolvency
Sections 95 to 100 of the IBC are Constitutional: Supreme Court
A three-judge bench of the Hon’ble Supreme Court (SC) comprising of Chief Justice of India Dr. DY Chandrachud, Justice JB Pardiwala and Justice Manoj Mishra, while considering a batch of 384 petitions moved under Article
Supreme Court Upholds Constitutional Validity of Insolvency Resolution Provisions Pertaining to Personal Guarantors
The Supreme Court in Surendra B. Jiwrajika and Anr. vs. Omkara Assets Reconstruction Private Limited[i] upheld the constitutionality of the provisions under Part-III, Chapter-III of the Insolvency and Bankruptcy Code, 2016 (I&B Code) pertaining to
Decision in Vidarbha Industries is the Exception not the Rule: Supreme Court
A Division Bench of the Supreme Court, comprising of Justice Abhay S. Oka and Justice Rajesh Bindal in M. Suresh Kumar Reddy v. Canara Bank & Ors.[1] vide Judgement dated 11.05.2023, has held that once
In Operational Claims Arising Out Of Several Invoices, Those Invoices Falling Within The Three-Year Period Preceding The Date Of Filing Should Be Considered For The Purposes Of Limitation: Supreme Court
The Hon’ble Division Bench, Supreme Court of India, comprising of Justice Shri. Mukesh Kumar Rasikbhai Shah and Justice Shri C.T Ravikumar in the matter of M/s. Next Education India Pvt. Ltd. Vs. M/s. K12 Techno Services
ADJUDICATING AUTHORITY HAS NO JURISDICTION TO MODIFY A RESOLUTION PLAN: NCLAT
National Company Law Appellate Tribunal (NCLAT), Principal Bench, New Delhi, comprising of Justice Rakesh Kumar Member and Dr. Ashok Kumar Mishra in Mathuraprasad C Pandey & Ors. v Partiv Parikh & Anr.1, vide Judgement dated
IBC: AN ASSIGNEE IS a financial creditor under ibc and can continue CONTINUING PROCEEDINGS initiated under SECTION 7 by the assignor – nclat
The Hon’ble Division Bench, National Company Law Appellate Tribunal, (NCLAT) comprising of Justice Ashok Bhushan (Chiarperson) and Baru Mitra, Member (Technical) in Siti Networks Ltd. vs Assets Care & Reconstruction Enterprise Ltd. & Anr (Comp.
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