NCLAT Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

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

Case Briefs Supreme Court

NCLT/NCLAT vacancies| 39 members for a sanctioned strength of 63! Supreme Court asks Centre to complete reappointment process within 2 months

Supreme Court: Taking note of the depleting strength of the members of the NCLT and NCLAT, the 3-judge bench of L. Nageswara

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | ‘Balance and Security Confirmation Letter’ is sufficient ‘acknowledgement of debt’ so as to extend limitation period for initiating insolvency proceedings under S. 7 IBC

National Company Law Appellate Tribunal (NCLAT): A Division Bench of Justice Venugopal M. (Judicial Member) and V.P. Singh (Technical Member) dismissed an

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | 10 Appeals, one tripartite agreement, with almost similar quandary on ‘Spectrum’| Non payment of dues-Can Spectrum be used as security interest in insolvency and moratorium as an excuse| Convoluted attempts to “offer peanuts”?

National Company Law Appellate Tribunal (NCLAT): A Coram of Bansi Lal Bhat, J. (Acting Chairperson), Anant Bijay Singh, J. (Judicial Member) and

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | What was manifested as pre-conditions for Resolution Plan turns out to be premeditated | Prevented from taking a fine u-turn | Imposed a fine instead

National Company Law Appellate Tribunal (NCLAT): Coram of Bansi Lal Bhatt, J. (Acting Chairperson), Anant Bijay Singh, J. (Judicial Member), Dr Ashok

Case Briefs Supreme Court

‘Reinstatement by NCLAT “too big a pill” for perhaps even Cyrus Mistry to swallow’; Here’s why Supreme Court upheld Cyrus Mistry’s removal as Chairman by the Tata Sons

“NCLAT appears to have granted the relief of reinstatement gratis without any foundation in pleadings, without any prayer and without any basis in law, thereby forcing upon the appellant an Executive Chairman, who now is unable to support his own reinstatement. “

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | NCLT has the discretion to modify arrangements, but only when cogent; Otherwise deemed unwarranted

National Company Law Appellate Tribunal (NCLAT): A Coram of Justice Jarat Kumar Jain (Judicial Member) and Kanthi Narahari (Technical Member) accepted an

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT| 31 hearings, no regards to time, addendums, midway interruptions and yet no heed to initiation to liquidation; Adjudicating authority advised to be mindful

National Company Law Appellate Tribunal– A Coram of Bansi Lal Bhatt, J. (Acting Chairperson) and Dr Ashok Kumar Mishra (Technical Member) ordered

Case Briefs Supreme Court

‘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.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Reagitating what is already recorded only because liberty was given for appeal, held absurd | Declines to entertain

National Company Law Tribunal (NCAT): A Coram of Justice A.I.S. Cheema (Judicial member) and Dr Alok Srivastava (Technical member) dismissed an appeal

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT| Issuance of the cheque is indicative of acknowledgement of debt, even if returned dishonored

National Company Law Appellate Tribunal- A Coram of Anant Bijay Singh, J. (Judicial Member) and Shreesha Merla (Technical Member) dismissed an appeal

Case Briefs High Courts

Del HC | NCLT and NCLAT directed to regulate their own procedure for virtual hearing platforms so long as it is ensured that if any particular party requests for a link, same would be considered in a fair, transparent and non-arbitrary manner

Delhi High Court: Prathiba M. Singh, J., addressed a concern wherein it was stated that the NCLAT and NCLT ought to have

Case Briefs Supreme Court

Under IBC, NCLT has jurisdiction to adjudicate disputes arising solely on ground of insolvency: Supreme Court

“In all future cases, NCLT would have to be wary of setting aside valid contractual terminations which would merely dilute the value of the corporate debtor, and not push it to its corporate death by virtue of it being the corporate debtor‘s sole contract.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | ‘As is where is basis, as is what is basis, whatever there is basis’; A super imposed condition in auctions | Reiterated again

National Company Law Appellate Authority Tribunal (NCLAT), New Delhi: The Bench of Justice Bansi Lal Bhatt (Acting Chairperson), Shreesha Merla (Technical member)

Hot Off The Press News

NCLT Benches to start physical hearing from 1st March, 2021

It has been notified vide an Order dated 23-02-2021 that all NCLT Benches shall start regular Physical hearing w.e.f 01-03-2021, in case

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Is it open to NCLT, while deciding S. 9 IBC application, to pass an order directing parties to go for Arbitration? Appellate Commission explains NCLT’s jurisdiction in such cases

National Company Law Appellate Tribunal (NCLAT): The Division Bench of Justice Bansi Lal Bhat (Acting Chairperson) and Dr Ashok Kumar Mishra (Technical

Op Eds OP. ED.

NCLAT | Whether reflection of debt in Balance Sheet of a Corporate Debtor would amount to acknowledgement under S. 18 of Limitation Act? 5-Member Bench decodes Interplay between IBC & Limitation Act; discusses ‘Judicial Indiscipline’

National Company Law Appellate Tribunal (NCLAT), New Delhi: The Bench of Justice Bansi Lal Bhat (Acting Chairperson) and Justice Venugopal M. (Judicial

SCC Times

NCLAT

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

NCLT/NCLAT vacancies| 39 members for a sanctioned strength of 63! Supreme Court asks Centre to complete reappointment process within 2 months

NCLAT | ‘Balance and Security Confirmation Letter’ is sufficient ‘acknowledgement of debt’ so as to extend limitation period for initiating insolvency proceedings under S. 7 IBC

NCLAT | 10 Appeals, one tripartite agreement, with almost similar quandary on ‘Spectrum’| Non payment of dues-Can Spectrum be used as security interest in insolvency and moratorium as an excuse| Convoluted attempts to “offer peanuts”?

NCLAT | What was manifested as pre-conditions for Resolution Plan turns out to be premeditated | Prevented from taking a fine u-turn | Imposed a fine instead

‘Reinstatement by NCLAT “too big a pill” for perhaps even Cyrus Mistry to swallow’; Here’s why Supreme Court upheld Cyrus Mistry’s removal as Chairman by the Tata Sons

NCLAT | NCLT has the discretion to modify arrangements, but only when cogent; Otherwise deemed unwarranted

NCLAT| 31 hearings, no regards to time, addendums, midway interruptions and yet no heed to initiation to liquidation; Adjudicating authority advised to be mindful

‘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

NCLAT | Reagitating what is already recorded only because liberty was given for appeal, held absurd | Declines to entertain

NCLAT| Issuance of the cheque is indicative of acknowledgement of debt, even if returned dishonored

Del HC | NCLT and NCLAT directed to regulate their own procedure for virtual hearing platforms so long as it is ensured that if any particular party requests for a link, same would be considered in a fair, transparent and non-arbitrary manner

Under IBC, NCLT has jurisdiction to adjudicate disputes arising solely on ground of insolvency: Supreme Court

NCLAT | ‘As is where is basis, as is what is basis, whatever there is basis’; A super imposed condition in auctions | Reiterated again

NCLT Benches to start physical hearing from 1st March, 2021

NCLAT | Is it open to NCLT, while deciding S. 9 IBC application, to pass an order directing parties to go for Arbitration? Appellate Commission explains NCLT’s jurisdiction in such cases

Kundan Care: Should struggling businesses be handed over to unwilling resolution applicants?

Term of office of (Retd.) Justice Bansi Lal Bhat, Officiating Chairperson, NCLAT, extended

Centre revises tenure of 2 Judicial Members of NCLAT [Read Notification]

NCLAT | Whether reflection of debt in Balance Sheet of a Corporate Debtor would amount to acknowledgement under S. 18 of Limitation Act? 5-Member Bench decodes Interplay between IBC & Limitation Act; discusses ‘Judicial Indiscipline’