Policy issued after inspection, objections of misrepresentation or non-disclosure cannot be raised after structure was gutted in fire: NCDRC
In an appeal filed under Section 19 of Consumer Protection Act, 1986 challenging order passed by the State Commission on 1-11-2013 wherein, the Insurance Company was directed to pay Rs 17,63,265 with other costs, Subhash Chandra, Presiding Member and Dr. Sadhna Shanker, Member upheld the Insurance Company’s liability to indemnify the loss to the complainant. Read more..
NGT issues notice to authorities for UN’s prediction of ‘low’ groundwater level in India by 2025
In a suo motu cognizance of the ‘low’ groundwater level in India on basis of a news article, the two members comprising of Prakash Shrivastava, Chairperson and Dr. A. Senthil Vel, Expert Member issued notice to the Central Ground Water Authority, Ministry of Jal Shakti, Ministry of Environment, Forest and Climate Change and the various State Departments of Water Resources. Read more..
No significant improvement in Delhi’s AQI; NGT directs authorities to take all possible measures to ensure improved air quality
In an application regarding the worsening air quality in Delhi and NCR region, the three-member Bench comprising of Justice Prakash Shrivastava (Chairperson), Justice Sudhir Agarwal (Judicial Member), Dr. A. Senthil Vel (Expert Member) noted that instead of improving, the air quality had gone from bad to worse falling in very poor and severe category, and directed the authorities to take all possible measures to ensure that air quality improves in Delhi. Read more..
Stubble fires in Punjab | Selective approach and no uniformity in registering FIRs against farm fires: NGT
In a suo motu application against stubble burning in the State of Punjab, the Tribunal noted satellite images which showed that the entire State of Punjab is shown in red colour, the three-member bench of Prakash Shrivastava (Chairperson) Sudhir Agarwal, (Judicial Member) Dr. A. Senthil Vel (Expert Member), said that no fruitful result was brought about even after the Tribunal’s direction and that consistent adequate measures were not taken to prevent the farm fire incidents. Read more..
Limitation period for appeals starts from date of Rectification Order when merged with Original Order: NCLAT
In an appeal challenging the dismissal of an application on the grounds of being not maintainable under Section 10-A of the Insolvency and Bankruptcy Code, 2016 (IBC) and subsequently, a rectification application, a Division bench comprising of Anant Bijay Singh, J., and Mr. Ajai Das Mehrotra (Technical Member), ruled in favor of the appellant, emphasizing the exclusion of the period taken for obtaining the certified copy, deeming the appeal timely. The NCLAT remitted the matter to the Adjudicating Authority for expedited consideration of the application under Section 7, treating it as outside the scope of Section 10-A of the IBC. Read more..
After surgery in 1991, woman suffering for 12 years finds nut-bolt inside body; NCDRC upholds compensation of Rs 13.77 lakhs
In an appeal filed under Section 19 of Consumer Protection Act, 1986 (‘1986 Act’) against the order passed by the State Consumer Disputes Redressal Commission, Puducherry (‘SCDRC’) partly allowing the complaint of a woman who suffered for 12 years after a surgery performed in 1991 and ultimately found nut-bolt inside her body, Sudip Ahluwalia, J. (Presiding Member) and AVM J. Rajendra, AVSM VSM (Retd.), Member refused to interfere with the compensation awarded by SCDRC. Read more..
DCDRC directs Indigo to pay compensation of Rs 70,000 for their failure to deliver checked-in luggage of a holiday bound couple
While considering the instant consumer complaint wherein a married couple who had travelled in an Indigo flight from Bengaluru to Port Blair had alleged deficiency of services on part of Indigo upon finding that their checked-in baggage had not reached Port Blair; the Bench of Shivarma K. (President), Chandrashekar S. Noola and Rekha Sayannvar (Members) directed Indigo to pay monetary compensation of Rs 50,000 and Rs 10,000 to compensate for the mental agony faced by the couple and another Rs 10,000 towards litigation costs. The Commission stated that despite the complainants raising their grievance of their missing checked-in baggage to the opposite party staff, they were unable to solve the problem and eventually their actions, spoiled the holiday mood of the complainants. Furthermore, the complainants’ checked-in baggage had important items and as the baggage did not arrive, they were compelled to go to the local market. Read more..
Refusal to re-hear matter after reservation of order in company petition does not cause miscarriage of justice: NCLAT
In an appeal against rejection of application seeking re-hearing on the ground that the main company petition was reserved for orders and admission of Section 7 application, a 3-member bench comprising of Ashok Bhushan, J., Barun Mitra (Technical Member)* and Arun Baroka (Technical Member), affirmed the Adjudicating Authority’s findings, dismissing the appeals on grounds of meritlessness and a lack of convincing reasons to interfere with the impugned orders. Read more..
Financial Debt claim under Section 5(8) of IBC cannot be entertained after CoC’s approval of Resolution Plan: NCLAT
In an appeal arising from an order in which the Adjudicating Authority rejected application filed by the appellant seeking direction from the Adjudicating Authority to accept their claim as a Financial Debt under Section 5(8) of the Insolvency and Bankruptcy Code, 2016 (IBC), a 3-member bench comprising of Ashok Bhushan, J., Barun Mitra (Technical Member) and Arun Baroka (Technical Member), dismissed the appeal for lack of merit and affirmed the Adjudicating Authority’s decision. Read more..
IBC| Doctrine of promissory estoppel cannot be applied against approved Resolution Plan: NCLAT
In an appeal against the rejection of application objecting to the Resolution Plan categorizing homebuyers into affected and unaffected groups based on NOC possession submitted by the respondent, a 3-member bench comprising of Ashok Bhushan, J.*, Barun Mitra (Technical Member) and Arun Baroka (Technical Member), affirmed the validity of the Resolution Plan approved by the CoC and rejected the appellant’s objections based on discrimination and promissory estoppel. Read more..
Corporate Debtor’s early denial of liability indicates pre-existing dispute; rejection of the Section 9 application justified: NCLAT
While deciding whether there was a pre-existing dispute between the parties justifying the rejection of the Section 9 application, a 3-member bench comprising of Ashok Bhushan, J., Mr. Barun Mitra (Technical Member) and Mr. Arun Baroka (Technical Member), held that a pre-existing dispute existed, as the Corporate Debtor had denied liability even before the demand notice was issued. Read more..
NCLAT issues notice in appeal against NCLT’s rejection of challenge to Lay-Off notice under Industrial Disputes Act
In a case of alleged illegal retrenchment/termination of the workmen by the Resolution Professional, a 3-member bench comprising of Ashok Bhushan, J., Mr. Barun Mitra (Technical Member) and Mr. Arun Baroka (Technical Member), granted a two-week extension to the respondents file a reply affidavit. Read more..
Belated claims, even if allegedly due to fraud, may not be admitted once Resolution Plan is approved: NCLAT
In an appeal against the dismissal of the application preferred under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) on being time-barred, a 3-member bench comprising of Ashok Bhushan,* J., Barun Mitra (Technical Member) and Arun Baroka (Technical Member), held that the benefit of Section 14 of the Limitation Act, 1963 could not be extended to the appellant due to the absence of an essential condition. The NCLAT further opined that the withdrawal of the suit and the appellant’s claimed reason for withdrawal did not establish a sufficient cause for extending the limitation period. Read more..
Single Real Estate Allottee cannot trigger Insolvency Proceedings under Section 7 of IBC: NCLAT
In an appeal against the rejection of application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC), a Division bench comprising of Ashok Bhushan, J., and Barun Mitra (Technical Member), held that in the light of the law laid down by the Supreme Court in Vishal Chelani v. Debashis Nanda, 2023 SCC OnLine SC 1324, it is established that the status of the party, i.e., the allottee, does not change, and therefore, the Adjudicating Authority correctly concluded that the threshold requirement had not been met by a single allottee to trigger insolvency. Read more..
NCLAT affirms dismissal of minority homebuyers’ challenge to Resolution Plan; says it does not fall foul of law on reduction in claim
In an appeal challenging the dismissal of application questioning the CoC’s approval for the Resolution Plan for insolvency proceeding of the Corporate Debtor, a 3-member bench comprising of Ashok Bhushan, J., Barun Mitra (Technical Member)* and Arun Baroka (Technical Member), upheld the Adjudicating Authority’s decision to reject the appellants’ application challenging the resolution plan. Read more..
Severe Air Quality Index | NGT directs States’ Chief Secretaries to take immediate remedial action
In a suo-motu cognizance of the severe air quality index in various cities, the three member bench of Prakash Shrivastava (Chairperson), Sudhir Agarwal (Judicial Member) and Dr. A. Senthil Vel (Expert Member) directed the Chief Secretaries of the States concerned where Air quality was very poor and severe to take immediate remedial action. Read more..
NFRA imposes monetary penalty on Statutory Auditor and Engagement Partner of Lexus Granito India Ltd. in view of their professional misconduct
While disposing of the show cause notice (SCN) issued to Ashok Holani and Co. (for FY 2018-19 and 2019-20) and CA Rahul Jangir (for FY 2017-18 and 2019-20), who were appointed as auditors of Morbi based Lexus Granito India Ltd. (LGIL), the Bench of Dr Ajay Bhushan Prasad Pandey (Chairperson) and Praveen Kumar Tiwari and Smita Jhingran (Full-time Members) in view of the professional misconducts committed by the auditors, imposed a monetary penalty of Rs 10 Lakhs on Ashok Holani and Co. and Rs 5 Lakhs on CA Rahul Jangir in addition to debarring him for 3 years from being appointed as an auditor and internal auditor in respect of financial statements for any company or body corporate. Read more..
Irrevocable and unconditional bank guarantees can be invoked during moratorium period: NCLAT
In an appeal against quashing of notices regarding the invocation of Bank Guarantees provided by the Corporate Debtor (M/s. Ganesh Fire Equipments (P) Ltd.) on the grounds of violation of Section 14(1)(c) of the Insolvency and Bankruptcy Code, 2016 (IBC), a division bench comprising of Justice M. Venugopal (Judicial Member) and Ajai Das Mehrotra* (Technical Member), held that bank guarantees that meet the criteria of irrevocability and unconditionality, and are considered sureties in a contract of guarantee to a corporate debtor, can be invoked during the moratorium period as provided under Section 14(3)(b) of the IBC. Read more..
NCLT can’t impose fine on suspended directors for non-cooperation under Sections 19(2) or 34(3) of IBC: NCLAT
While deciding whether the Adjudicating Authority had the jurisdiction to impose a fine on the appellants for their non-cooperation with the Resolution Professional and Liquidator during the insolvency and liquidation process, a division bench comprising of Anant Bijay Singh, J., and Mr. Naresh Salecha* (Technical Member), held that the imposition of a fine should be dealt with by a Special Court, not the Adjudicating Authority. The NCLAT set aside the impugned order and the case was remanded to the Adjudicating Authority for a fresh decision. Read more..
DCDRC finds Nik Bakers liable for deficient services for providing “unhealthy dye cake”; directs them to pay compensation of Rs 40,000
While considering the instant complaint wherein the complainant had ordered a birthday cake for her son and after consuming the cake, he fell severely ill; the Bench of Satpal, (President) and Dr. Sushma Garg and Dr. Barhm Parkash Yadav, (Members) concluded that the opposite parties namely Nik Bakers and M.G. Bakers were deficient while rendering services to the complainant, for which they are liable, jointly and severally, to compensate the complainant. The Commission thus directed compensation of Rs 30,000/- on account of the bakers’ indulgence into unfair trade practice and additional Rs 10,000/- on account of mental agony, harassment and litigation charges faced by the complainant. Read more..
Closure of CIRP proceedings renders jurisdictional question regarding pre-CIRP dues irrelevant; NCLAT dismisses appeal
In a case involving an appeal against an order related to pre-CIRP dues and expenses, a division bench comprising of Rakesh Kumar Jain,* J., and Naresh Salecha (Technical Member), dismissed the appeal as the appeal was deemed infructuous following the closure of the CIRP proceedings on 15.05.2023, with control of the company returning to the company itself. Read more..
Adequate pleadings and findings required to establish Section 65 IBC compliance; NCLAT revives Section 7 application
In an appeal against the order of rejection of an application filed under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC), a division bench comprising of Justice Ashok Bhushan, Chairperson and Mr. Barun Mitra (Technical Member), held that NCLT’s observation that the Financial Creditor seemed to be settling personal scores and exerting undue pressure on the Corporate Debtor does not fulfill the necessary requirements of Section 65 of the IBC to reject the Section 7 application. Read more..
Adjudicating Authority’s order for liquidation valid when Resolution Plan remains unapproved, and no alternative plan in CIRP exists: NCLAT
In a case where an application is preferred seeking condonation of delay in filing an appeal against an order, a 3-member bench comprising of Justice Ashok Bhushan, Chairperson, Barun Mitra (Technical Member) and Arun Baroka (Technical Member), held that the Adjudicating Authority’s order for liquidation was justified, considering the lack of approval for the appellant’s Resolution Plan and the absence of other plans. Read more..
Reflection of name in balance sheet alone does not override rejection of claim to be Financial Creditor in Liquidation Proceedings: NCLAT
In a case where the appellant challenged the order passed by Adjudicating Authority claiming to be a Financial Creditor despite their claim being rejected during the liquidation proceedings, a 3-member bench comprising of Justice Ashok Bhushan, Chairperson, Barun Mitra (Technical Member) and Arun Baroka (Technical Member), held that the proceeding which undertook in the liquidation proceeding cannot be ignored nor can be washed out only on the ground that appellant’s name was reflected in the balance sheet of the Corporate Debtor. Read more..
Default occurred when post-dated cheques bounced; NCLT directs to initiate insolvency process
In a petition preferred by the Operational Creditor seeking initiation of insolvency process against the Corporate Debtor on default in payment, a division bench comprising of Ms. Bidisha Banerjee, J., and Mr. Balraj Joshi* (Technical Member), admitted the Operational Creditor’s application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) for Corporate Insolvency Resolution Process (CIRP), established a moratorium under Section 14 of the IBC and appointed an IRP. Read more..
Yamuna’s situation far from satisfactory and status report filed by States and authorities did not cover major issues; NGT directs filing of fresh status reports
In an application regarding rejuvenation of river Yamuna, the three-members of the Tribunal comprising of Prakash Shrivastava (Chairperson), Sudhir Agarwal (Judicial Member) and Dr. A. Senthil Vel (Expert Member) directed for filing of fresh reports by all the States/Authorities concerned. Read more..
‘Timelines are of great significance in IBC’; NCLAT dismisses condonation of delay application
While deciding an application for condonation of delay, a 3-member bench comprising of Justice Ashok Bhushan, Chairperson, Mr. Barun Mitra (Technical Member) and Mr. Arun Baroka (Technical Member) dismissed the application for condonation of delay and rejected the appeal due to the failure to file within the prescribed 30-day period. Read more..
Bengaluru DCDRC dismisses medical negligence case against Apollo Hospitals due to absence of necessary party and related documentary evidence
While considering the instant complaint alleging medical negligence by Apollo Hospitals (opposite parties), the Bench of Ramachandra M.S. (President) and H.N. Shrinidi* and Nandini H Kumbhar (Members) dismissed the complaint stating that in the instant case, doctors of Apollo Hospitals provided the treatment as per its diagnosis. The commission, in the absence of necessary party and related documents as evidence, concluded that the chain of events and treatment given by the Apollo Hospitals in the given circumstances, was as per the standard practice adopted under such a situation. Read more..
‘Restricted use of firecrackers’; ‘No authority can violate Supreme Court’s directions and permit banned firecrackers under the guise of celebration’: NGT
While hearing an application against the non-compliance of the Madhya Pradesh Government’s directions for testing and inspection of firecrackers and for taking an undertaking from sellers of firecrackers that they will abide the directions, the two members of the Tribunal, Sheo Kumar Singh (Judicial Member) and Dr. Afroz Ahmad (Expert Member) gave slew of directions for strict compliance with the directions laid down in Arjun Gopal v. Union of India, (2019) 13 SCC 523. Read more..
SEBI bans ‘Baap of Chart’ owner from securities market; Imposes penalty of Rs. 17.2 crores
In the instant matter, Mohammad Nasiruddin Ansari was alleged to have induced / influenced investors to deal in securities through false/ misleading information and indulged in unregistered investment advisory activities under the garb of providing educational training through sale of courses/ workshop services. Read more..
