Tag: NCLAT

Jet Airways Insolvency Case and the Shortcomings of the IBC, 2016

Analysis of the Jet Airways Insolvency Case and the Shortcomings of the IBC, 2016

Wednesday December 11, 2024. BY Rahul Sundaram | Insolvency & Bankruptcy

The Jet Airways (India) Limited insolvency case has garnered significant attention as it highlights critical aspects of the Insolvency and Bankruptcy Code (IBC), 2016, and the challenges associated with corporate resolution processes in India. This

Interest-Free Security Deposit in Lease Agreements: Operational Debt or Not?

Interest-Free Security Deposit in Lease Agreements: Operational Debt or Not?

Saturday November 30, 2024. BY Narpat Singh and Jerusha Koothur | Insolvency & Bankruptcy

Corob India Pvt Ltd v. Mr. Birendra Kumar Agrawal & Anr.[1] Introduction: The Hon’ble NCLAT in a significant ruling, addressed the issue that has taken place recently which revolves around the matter of Corob India Pvt.

Collective action by all financial creditors not a prerequisite to file an application under Section 95 of the I&B code

Collective action by all financial creditors not a prerequisite to file an application under Section 95 of the I&B code

Friday September 13, 2024. BY Narpat Singh and Anjali Satish | Insolvency & Bankruptcy

Dheeraj Wadhawan v. Union Bank of India & Anr.[1] NCLAT, Principal Bench, New Delhi Introduction and Facts of the Case The present case, which was decided by the National Company Law Appellate Tribunal (NCLAT) on

An Application filed under Section 65 of the Code is maintainable after the Application under Section 7,9 or 10 is filed, and not after the admission: Hon’ble NCLAT.

An Application filed under Section 65 of the Code is maintainable after the Applications under Section 7,9 or 10 are filed, and not necessarily only after admission: Hon’ble NCLAT, New Delhi

Monday August 26, 2024. BY Malavika Sachin and Vaibhav Dash | Insolvency & Bankruptcy

Introduction: The Hon’ble NCLAT in a significant ruling, recently addressed a crucial issue in insolvency jurisprudence vide its Order dated 05.08.2024 in the matter of Devashree Developers Pvt. Ltd. and Ors. vs Aravali Cylinders Pvt.

NCLAT’s Authoritative Interpretation of Prior Approval under Section 33(5) of the I&B Code.

NCLAT’s Authoritative Interpretation of Prior Approval under Section 33(5) of the I&B Code

Saturday August 17, 2024. BY Malavika Sachin and Khushi Kholia. | Insolvency & Bankruptcy

Introduction On May 31, 2024, the National Company Law Appellate Tribunal (NCLAT), Principal Bench, New Delhi, delivered a significant judgment in the matter of Slimline Realty Pvt. Ltd. v. Mr. Jigar Bhatt. The ruling, encapsulated

Treatment of EPFO Dues (7A, 7Q and 14B of EPF Act) in Liquidation Exclusion under IBC Section 36(4)(a)(iii) and Non-Applicability of Section 53(1)

Treatment of EPFO Dues (7A, 7Q and 14B of EPF Act) in Liquidation: Exclusion under IBC Section 36(4)(a)(iii) and Non-Applicability of Section 53(1)

Saturday August 17, 2024. BY Narpat Singh and Prasad Sawant | Insolvency & Bankruptcy

Introduction: In the case of Mr. Anuj Bajpai vs. Employee Provident Fund Organisation & Ors.[i], Liquidator submitted that Contribution under Section 7A should have been treated in accordance with Section 36(4) of the Code and,

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