Tag: Insolvency

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.

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
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