Tag: maintainability

Adjudicating Authority cannot delve into the merits of a Section 95 of Company Petition before appointment of Resolution Professional under Section 97 of 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

Principles of grant or refusal of equitable relief of specific performance of contracts for sale of immovable properties

Principles of grant or refusal of equitable relief of specific performance of contracts for sale of immovable properties

The Hon’ble Supreme Court (“SC”) was recently concerned with a matter[i] where the question as to whether or not courts ought to grant or refuse specific performance of a contract for sale of an immovable