Monday, September 28, 2020
Grounds of appeal The Appellants have challenged the impugned orders both dated 23.5.2017 on the ground that both the orders have been passed in violation of rules of natural justice, without  giving any notice to any of the Appellant...
 N C L T 9th Aug 2017-- in the matter of Jaypee Infratech Ltd. CP (IB) No. 77-ALD-2017 7th Aug 2017-- in the matter of Lanco Infratech Ltd. CP (IB) No. 111-7-HDB-2017 And three other. N C L A...
HELD Learned Counsel for the appellant submits that Learned Adjudicating Authority, instead of giving time ought to have looked into the records to find out whether the records are complete or not and thereafter, the authority was required to pass appropriate order admitting the...
Appeal accepted/disposed by NCLAT, as no notice was served by 'Operational Creditors' , ex-employees for recovery of salary etc dues. The notice served was 'Advocate Notice'. Facts material for decision by NCLAT On 7th July, 2017, when the matter was...
Issue involved Considering the agreement/ Memorandum of Understanding relating to purchase of shops and flats   Operative part of Judgement In the present case, the Respondent has not taken any plea that the appellants failed to pay the balance amount on due date or any...
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.9286 OF 2017 Mothers Pride Dairy India Private Limited Appellant(s) Versus Portrait Advertising and Marketing Respondent(s) Private Limited O R D E R Heard Mr. Mukul Rohatgi, learned senior counsel for the appellant and Mr....
Operative part of  the Judgement Learned counsel for the respondents/ 'Financial Creditors' has not disputed the fact that the impugned order was passed ex-parte  without hearing the appellant on 13th June, 2017. Learned Adjudicating Authority in the impugned order though recorded that the 'Financial...
Operative part Ld. Counsel on behalf of the Appellant tried to rely on different facts to suggest that there is no dispute prior to the issuance of notice under Section 8 of the I&B Code. He also wanted to rely upon sub- Section...
 Operative part of Judgement In these appeals we find that the Respondent, Macquarie Bank Ltd., has not enclosed any certificate from financial institution' as   defined under sub-section (14) of Section .    Lawyer's notice as given has been deprecated  by ...
Operative part of Judgement Admittedly, the Bank in question is not a scheduled bank, nor is a 'financial institution' as defined under Section 45-I of Reserve Bank of India Act 1934 (2 of 1934). The Bank aforesaid also do not come within the...
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...
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 9279 OF 2017 LOKHANDWALA KATARIA CONSTRUCTION PRIVATE LIMITED Appellant(s) VERSUS NISUS FINANCE AND INVESTMENT MANAGERS LLP Respondent(s) O R D E R 1)    Heard the learned Senior Counsel appearing for the parties. 2)   The present appeal...
Appellant's contention (i) there is no privity of contract with the Respondents; (ii) Respondent  its violated the contractual terms; (iii)Appellant disputed execution of contract; (iv)There is dispute about quantum of default; (v)There is a dispute as to who is the defaulter (whether the default...
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...
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...
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...
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...
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...
The question for determination in this appeal is whether filing of "a copy of certificate from the "Financial Institution" maintaining accounts of the Operational Creditor confirming that there is no payment of unpaid operational debt by the 'Corporate Debtor' as prescribed under...