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IBC

NCLAT
Case BriefsTribunals/Commissions/Regulatory Bodies

NCLAT Mumbai |Interest on Delayed Payments is a part of Operational Debt under S. 3(11) of IBC

National Company Appellate Tribunal, Mumbai: The Bench of Ashok Bhushan, J., Chairperson, M. Satyanarayana Murthy, Judicial Member, and Naresh Salecha, Technical member

Published on July 25, 2022July 25, 2022By Editor_4
Leave a comment3883 views
Financial Creditor
Case BriefsTribunals/Commissions/Regulatory Bodies

NCLT| Sahara Hospitality to go through Corporate Insolvency Process

    National Company Law Tribunal, Mumbai: The Bench of P.N. Deshmukh, J., Judicial Member, and Shyam Babu Gautam, Technical Member admitted

Published on July 19, 2022May 16, 2025By Editor_4
Leave a comment1917 views
Financial Creditor
Case BriefsTribunals/Commissions/Regulatory Bodies

NCLT| Can a Financial Creditor initiate Insolvency Resolution Process against a Personal Guarantor?

National Company Law Tribunal, Hyderabad: The Bench of N. Venkata Ramakrishna Badarinath, Judicial Member, and Veera Brahma Rao Arekapud, Technical Member held

Published on July 15, 2022May 16, 2025By Editor_4
Leave a comment2701 views
Case BriefsSupreme Court

IBC – Section 7(5)(a) | NCLT “may” reject Financial Creditor’s CIRP application even in case of Corporate Debtor’s default in payment of debt

Supreme Court: The bench of Indira Banerjee* and JK Maheshwari, JJ has rejected the view of NCLT and NCLAT that once it

Published on July 14, 2022July 15, 2022By Prachi Bhardwaj
Leave a comment4659 views
Financial Creditor
Case BriefsTribunals/Commissions/Regulatory Bodies

NCLT| When can a liquidator in a liquidation process be replaced?

National Company Law Tribunal, Chennai: The Bench of S. Ramathilagam, J., Judicial Member, and Anil Kumar B, Technical Member held that the

Published on July 13, 2022May 15, 2025By Editor_4
Leave a comment4593 views
NCLAT
Case BriefsTribunals/Commissions/Regulatory Bodies

NCLAT | Can a Resolution Professional “freeze” the Bank Accounts of Corporate Debtor?

National Company Law Appellant Tribunal, Chennai: The Bench of M.V. Venugopal, J. Judicial Member, and Kanthi Narahari, Technical Member has held that

Published on July 13, 2022May 15, 2025By Editor_4
Leave a comment3609 views
Financial Creditor
Case BriefsTribunals/Commissions/Regulatory Bodies

NCLT| Auction purchaser responsible for claims/ liabilities/ obligations of Corporate Debtor

National Company Law Tribunal, Mumbai: The coram of H.V. Subba Rao, Judicial Member and Chandra Bhan Singh, Technical Member, declared that the

Published on July 11, 2022August 18, 2022By Editor_4
1 Comment3130 views
Financial Creditor
Case BriefsTribunals/Commissions/Regulatory Bodies

NCLT| Can Resolution Professional submit report prior to Adjudicating Authority’s direction?

National Company Law Tribunal, New Delhi: In a case where a Resolution Professional (RP) had submitted a report even prior to the

Published on July 11, 2022July 11, 2022By Editor_4
Leave a comment2340 views
Financial Creditor
Case BriefsTribunals/Commissions/Regulatory Bodies

Can Lease Rental come under the purview of ‘Operational Debt’? NCLAT elucidates

    National Company Law Tribunal, New Delhi: The Bench of Ashok Bhushan J., Chairperson, Rakesh Kumar Jain and Rakesh Kumar, JJ,

Published on July 9, 2022May 15, 2025By Editor_4
Leave a comment3581 views
Case BriefsSupreme Court

IBC| Once CIRP is initiated and moratorium is ordered, proceedings under SARFAESI Act cannot continue: Supreme Court

Supreme Court: The bench of L. Nageswara Rao and BR Gavai*, JJ has held that the proceedings under the Securitisation and Reconstruction

Published on July 6, 2022July 6, 2022By Prachi Bhardwaj
Leave a comment5138 views
Op EdsOP. ED.

Fair and Equitable Distribution Clauses in Resolution Plans – Is Section 30(2)(B) of Insolvency and Bankruptcy Code, 2016 Being Illusory for Operational Creditors?

by Swarnendu Chatterjee†, Hussanpreet Kaur Dhaliwal†† and Shivank Kumar†††
Cite as: 2022 SCC OnLine Blog Exp 52

Published on July 4, 2022September 16, 2023By Bhumika Indulia
Leave a comment4110 views
Supreme Court June 2022 Roundup
Legal RoundUpSupreme Court Roundups

Supreme Court June 2022 Roundup| Clean chit to PM Modi; Maharashtra Political Crisis; Psychological Evaluation of Death Row Convicts; and more

Top Stories of the Month Clean Chit to PM Modi in 2002 Gujarat riots case “SIT Officials have come out with flying

Published on July 4, 2022July 4, 2022By Prachi Bhardwaj
Leave a comment3888 views
Financial Creditor
Case BriefsTribunals/Commissions/Regulatory Bodies

NCLT| Ongoing or fresh debt related legal proceedings against personal guarantor should remain stayed during interim moratorium period

National Company Law Tribunal, Kolkata Bench I: The Bench of Rajasekhar V.K., judicial member and Balraj Joshi, technical member has held that

Published on June 27, 2022August 5, 2022By Editor_4
Leave a comment4262 views
Op EdsOP. ED.

The Castaways – Resolution Applicants under the IBC

by Aditya Bapat†

Published on June 3, 2022June 3, 2022By Editor_4
Leave a comment2477 views
Case BriefsSupreme Court

Liability in respect of a claim arising out of a Recovery Certificate is a “financial debt” under  Section 5(8) of the IBC: Supreme Court

Supreme Court: The 3-judge bench of L. Nageswara Rao, BR Gavai* and AS Bopanna, JJ has held that a liability in respect

Published on June 2, 2022June 3, 2022By Prachi Bhardwaj
Leave a comment3676 views
NCLAT
Case BriefsTribunals/Commissions/Regulatory Bodies

Article 1 of Limitation Act deals with suits relating to accounts: NCLAT highlights scope of Art. 137 of Limitation Act

National Company Law Appellate Tribunal, New Delhi (NCLAT): The Coram of Justice Ashok Bhushan (Chairperson) and Dr Alok Srivastava (Technical Member) observed

Published on May 26, 2022June 3, 2022By Bhumika Indulia
1 Comment4155 views
National Company Law Tribunal
Case BriefsTribunals/Commissions/Regulatory Bodies

Whether salary during notice period falls within definition of Operational Debt under IBC : Read NCLT’s decision

National Company Law Tribunal, Mumbai Bench (NCLT): The Coram of H.V. Subba Rao, Judicial Member and Chandra Bhan Singh, Technical Member deliberated

Published on May 25, 2022May 26, 2022By Bhumika Indulia
Leave a comment2355 views
Case BriefsTribunals/Commissions/Regulatory Bodies

Whether fixation of salary of the MD is within the domain of IBC? NCLAT explains

National Company Law Appellate Tribunal, New Delhi (NCLAT): The Coram of Justice Ashok Bhushan (Chairperson) and Shreesha Merla (Technical Member) held that

Published on May 23, 2022August 12, 2022By Bhumika Indulia
Leave a comment2669 views
Case BriefsTribunals/Commissions/Regulatory Bodies

Can territorial jurisdiction of NCLT be decided on basis of a Facility Agreement between parties? NCLAT answers

National Company Law Appellate Tribunal, New Delhi (NCLAT): The Coram of Justice Ashok Bhushan (Chairperson) and Shreesha Merla (Technical Member) held that,

Published on May 11, 2022June 3, 2022By Bhumika Indulia
Leave a comment4223 views
Case BriefsHigh Courts

Can mere filing of proceedings under S. 7 IBC be treated as an embargo on Court exercising jurisdiction under S. 11 of Arbitration & Conciliation Act? Bom HC explains

Bombay High Court: A very interesting question was considered by G.S. Kulkarni, J., the question being, whether mere filing of a proceeding

Published on April 28, 2022May 6, 2022By Bhumika Indulia
Leave a comment2413 views

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