Monday, September 28, 2020
When can counter claim against a Corporate Debtor be stayed under Section 14 IBC: Delhi HC answers Aditi Singh July 30 2019 FacebookTwitterWhatsAppShare11 The Delhi High Court has held that a...
Applicability of Limitation Act to Insolvency Applications: NCLT carves out exception Varun Marwah February 11 2019 The Mumbai Bench of NCLT has held that, a debt that is barred by limitation can be proceeded against under provisions of the Insolvency and Bankruptcy Code (IBC), if the...
HELD In these appeals, we were required to determine the question as to whether one or other appellant are the 'Financial Creditor' or 'Operational Creditor' or not, but such questions are not required to be determined in these appeals in view of the...
IBC Has Overriding Effect Over Tea Act; Central Govt. Consent Not Required For Initiating Insolvency Proceedings: SC JUDGEMENT JUDGEMENT
Thrust of appellant Learned counsel appearing on behalf of the appellant, corporate debtor, submitted that the impugned order has been passed by the Adjudicating Authority in violation of principle of natural justice i.e. without giving any notice to the corporate debtor prior...
85 taxmann.com 372 (SC) Insolvency and Bankruptcy Code, 2016: Provisions of IBC,2016 prescribing time-limit of 7 days for removal of defects by financial creditor/ operational creditor/corporate applicant in application for corporate insolvency is directory and not mandatory. However,...
IMPORTANT POINT While dealing with the case of Rubina Chadha and another today, Shri Sanjay Shorey, Joint Director (Legal), Ministry of Corporate Affairs, Government of India appeared and brought to the notice of the Appellate Tribunal a Notification dated 29th June, 2017 issued by...
As a sequel to the above discussion this petition is admitted. Mr. Vijay Kumar V Iyer who is duly registered with the Insolvency and Bankruptcy Board of India is appointed as an Interim Resolution Professional. He has also...
SUPREME COURT OF INDIA FULL BENCH M/S EMBASSY PROPERTY DEVELOPMENTS PRIVATE LIMITED — Appellant Vs. STATE OF KARNATAKA AND OTHERS — Respondent ( Before : Rohinton Fali Nariman, Aniruddha Bose and V. Ramasubramanian, JJ. ) Civil Appeal No. 9170 of 2019 (@ Special Leave Petition...
  14 Sep 2017 In the matter of Sandhya Prakash Ltd. CP No. 113-7-NCLT-AHM-2017   12 Sep 2017 In the matter of Oceanic Edibles International Ltd. CP-563-(IB)-CB-2017    12 Sep 2017 In the matter of Oceanic Tropical...
Operative part of Judgement 4. Ld. Counsel appearing on behalf of the Appellant submitted that the appellant has grievance only relating to qualifying part of the impugned order as quoted above. According to the appellant, the Moratorium should take into its recourse on the...
SUPREME COURT OF INDIA FULL BENCH MUNICIPAL CORPORATION OF GREATER MUMBAI (MCGM) — Appellant Vs. ABHILASHLAL AND OTHERS — Respondent ( Before...
  SUPREME COURT OF INDIA FULL BENCH THE KARAD URBAN COOPERATIVE BANK LIMITED — Appellant Vs. SWWAPNIL BHINGARDEVAY AND OTHERS — Respondent ( Before : S. A. Bobde, CJI., A. S. Bopanna and V. Ramasubramanian, JJ. ) Civil Appeal No.2955 of 2020 and Civil Appeal No....
Court uses extraordinary powers as case was with the National Company Law Tribunal. In what may be a future relief for corporate debtors facing insolvency proceedings, the Supreme Court used its extraordinary constitutional powers to allow two companies to withdraw...
Amrapali : SC Directs ED To Transfer JP Morgan's Attached Money For Construction Purposes Nilashish Chaudhary 20 Jun 2020 12:51 PM In a significant development regarding the completion of pending Amrapali housing projects, the Supreme Court on Thursday directed the transfer...
Recent Judgments In Relation To Section 34 Of The Arbitration And Conciliation Act, 1996 Last Updated: 7 September 2018 Article by Yashika Sarvaria VGC Law Firm Section 34 of the Arbitration and Conciliation Act, 1996 ("Act") provides for setting aside of an arbitral award...
Insolvency and Bankruptcy Code: Highlights of the Supreme Court judgment Murali Krishnan January 25 2019 FacebookTwitterWhatsAppShare294 In a judgment that has surprised the legal fraternity and many industry experts, the Supreme Court today upheld the validity of the Insolvency and Bankruptcy Code in its entirety. The...
Company Appeal (AT) No. Date Of Order Party Section Order passed by 156/2017 06.10.2017 Innoventive Industries Ltd. Vs Maharastra State Electricity Distribution Company Ltd. Insolvency Justice S.J. Mukhopadhaya, Chairperson Justice A.I.S. Cheema, Member (Judicial) Mr. Balvinder Singh, Member (Technical) 132/2017 05.10.2017 Centech Engineers Pvt. Ltd. & Anr. Vs Omicron Sensing Pvt. Ltd. Insolvency Justice S.J. Mukhopadhaya, Chairperson Justice A.I.S. Cheema,...
NCLAT sets aside order on mandatory impleadment of MCA as a party in all IBC and Company Petitions before NCLT Aditi Singh May 25, 2020, 1:03 PM IST The National Company Law Appellate Tribunal (NCLAT) has set aside...
  181/2017 09.02.2018 Innoventive Industries Ltd. Vs Kumar Motors Pvt. Ltd. Insolvency Justice S.J. Mukhopadhaya, Chairperson Justice Bansi Lal Bhat, Member (Judicial) 142/2017 09.02.2018 Sh. Neeraj Bhatia Vs Davinder Ahluwalia Insolvency Justice S.J. Mukhopadhaya, Chairperson Justice A.I.S. Cheema, Member (Judicial) Justice Bansi Lal Bhat, Member (Judicial) 11/2018 07.02.2018 Mr. Pradeep Dayanand Kothari Vs A Pandian & Anr. Insolvency Justice S.J. Mukhopadhaya, Chairperson Justice Bansi...