Tag: Insolvency

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.

Margin Money is not included as Security Interest under the IBC and is not an asset of the Corporate Debtor: NCLAT Principal Bench

The Hon’ble Division Bench, National Company Law Appellate Tribunal, (NCLAT) Principal Bench-New Delhi, comprising of Justice Anant Bijay Singh, Member (Judicial) and Ms. Shreesha Merla, Member (Technical) in Punjab National Bank v. Supriyo Kumar Chaudhari and Ors.1

Limitation period for filing applications under I&B Code

The Hon’ble Supreme Court, in Tech Sharp Engineers Private Limited v. Sanghvi Movers Limited (Civil Appeal No. 296 of 2020), on September 19, 2022, held “a claim may not be barred by limitation, it is

NCLT

Disclosure of proceeding under Negotiable Instrument Act is immaterial while filing Insolvency Proceedings

The Kolkata bench of the National Company Law Tribunal (“NCLT”) held that while filing an application for insolvency under the Insolvency and Bankruptcy Code 2016 (the “Code”) it was not necessary to disclose the fact

NCLT

Supreme Court Allows Withdrawal of Insolvency Application after Admission

In a latest judgment, the division bench of the Supreme Court comprising of J. Rohinton Fali Nariman and J. Sanjay Kishan Kaul, in Lokhandwala Kataria Construction Private Limited v. Nisus Finance and Investment Managers LLP[1]

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