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
insolvency and bankruptcy code
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
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
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
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
Should Resolution Professional include delayed claims of homebuyers under memorandum of information? NCLAT decides
National Company Appellate Tribunal, New Delhi: The Coram of Ashok Bhushan, J (Chairperson), Shreesha Merla (Technical member), and Naresh Salecha (Technical member)
Can default in payment of instalments under the settlement agreement be defined as an operational debt? NCLT decides
National Company Law Tribunal, New Delhi: The bench of Abni Rajan Kumar Sinha, Judicial Member and Hemant Kumar Sarangi, Technical Member has
Can post-dated cheque issued for repayment of principal amount be taken as unqualified admission of debt? NCLT Allahabad decides
National Company Law Tribunal, Allahabad (NCLT): The bench of Rajasekhar V.K., Judicial Member and Virendra Kumar Gupta, Technical Member decided that for
NCLAT| Using provisions of IBC for revival of TDS amounts is a misuse of IBC; NCLAT holds defaults over non-payment of TDS is not a ground for initiation of CIRP
A coram of Justice Ashok Bhushan (Chairperson), Shreesha Merla (Technical member) and Naresh Salecha (Technical Member) has held that non-payment of TDS
865 Judgments, 4 Sitting Women Judges and A Hope For First Woman CJI| An All-inclusive Supreme Court 2021 Roundup
Year 2021! The year that started with the hope of the COVID-19 Pandemic nearing an end with countries starting vaccination, ended up
IBC and Limitation| Words “order is made available to the aggrieved party” consciously omitted from Section 61(1)&(2): SC. Read why
“The IBC, as a prescriptive mechanism, affecting rights of stakeholders who are not necessarily parties to the proceedings, mandates diligence on the part of applicants who are aggrieved by the outcome of their litigation.”
NCLAT | Can Banks debit amounts from Corporate Debtor Company after Moratorium Order? Is there an obligation of releasing ‘title deeds’ under Resolution Process? Read on
National Company Law Appellate Tribunal (NCLAT): The Division Bench of Justice Anant Bijay Singh, Judicial Member and Shreesha Merla, Technical Member held
Avoidable transaction and the offenders window of escape: A perspective
by Naman Singh Bagga†, Maneesh Subramaniam†† and Anurag Tripathi†††
Insolvency and Bankruptcy Code| Nothing wrong with IBC Notification treating personal guarantors differently from other categories of individuals: Supreme Court
Supreme Court: Adding to the series of verdicts on the Insolvency and Bankruptcy Code, 2016, the bench of L. Negaswara Rao and
Ineligible promoters under Section 29A IBC can’t propose compromise or arrangement schemes under Section 230 of the Companies Act, 2013: Supreme Court
“The purpose of the ineligibility under Section 29A is to achieve a sustainable revival and to ensure that a person who is the cause of the problem either by a design or a default cannot be a part of the process of solution.”
‘Commercial wisdom of Committee of Creditors is not to be interfered with’; Supreme Court sheds light on the limited scope of interference by NLAT/NCLAT
“The limited judicial review, which is available, can in no circumstance trespass upon a business decision arrived at by the majority of CoC.”
Bar under Section 10A IBC on initiation of CIRP applies retrospectively; ‘March 25, 2020’ consciously added as it coincides with the imposition of National Lockdown: SC
“The onset of the Covid-19 pandemic is a cataclysmic event which has serious repercussions on the financial health of corporate enterprises.”
Collusive transactions with the Corporate Debtor would not constitute a ‘financial debt’ under Insolvency and Bankruptcy Code: Supreme Court
Supreme Court: The 3-judge bench of Dr. DY Chandrachud*, Indu Malhotra and Indira Banerjee, JJ has held that collusive transactions with the
Central Govt. extends the period for suspension of initiation of Corporate Insolvency Resolution Process by 3 months
S.O. 4638(E)— In exercise of the powers conferred by Section 10A of the Insolvency and Bankruptcy Code, 2016 (31 of 2016), the
E-launch of Akaant Mittal’s Book on Insolvency and Bankruptcy Code
On 12th December, 2020 Eastern Book Company held its first virtual book launch and panel discussion on the occasion of the release