NCLAT Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Whether Corporate Insolvency Resolution Process can be initiated against Principal Borrower and Corporate Guarantor simultaneously for same set of debt and default? Tribunal decides

National Company Appellate Tribunal (NCLAT): The Division Bench of Justice A.I.S Cheena (Judicial Member) and V.P. Singh (Technical Member) reinforced that in the

Op Eds OP. ED.

Weighing the effect and need of the ‘minimum threshold’ on the home-buyers

by Pareekshit Bishnoi & Parveen Kumar Aggarwal*

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT reiterates IBC is beneficial legislation intended to put Corporate Debtor on its feet, not a mere money recovery legislation

National Company Law Appellate Tribunal (NCLAT): The Bench of Justice Bansi Lal Bhat (Acting Chairperson) and Justice Anant Bijay Sing (Judicial Member) and

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Can lease rentals arising out of use and occupation of a cold storage unit be categorised as ‘Operational Debt’ under S. 5(21) I&B Code? Find out Tribunal’s ruling

National Company Law Appellate Tribunal (NCLAT): A Coram of Venugopal M. (Judicial Member) and Shreesha Merla (Technical Member), while addressing the present company

Case Briefs Supreme Court

Whether an ex-employee of a financial creditor is eligible to be appointed as Resolution Professional? Read what SC says

Supreme Court: The 3-Judge Bench of Arun Mishra, B.R. Gavai and Krishna Murari, JJ., set aside the NCLAT’s Order with regard to

Case Briefs Tribunals/Commissions/Regulatory Bodies

[SC ALERT] NCLAT’s decoder on appointment of a person as Resolution Professional: Will an ex-employee of Financial Creditor be eligible for appointment? Read on

SUPREME COURT ALERT This NCLAT Order has been set aside by the Supreme Court, the detailed report of which can be found

OP. ED.

Perjury in the National Company Law Tribunal and the National Company Law Appellate Tribunal: An Opinion

by Amir Arsiwala* & Ishan J Ravindranath**

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Will I&B Code permit a successful Resolution Applicant to stage a “U-turn” frustrating Corporate Insolvency Resolution Process? Tribunal decodes

National Company Law Appellate Tribunal (NCLAT): Full Bench of Justice Bansi Lal Bhat (ACJ) and Justice Anant Bijay Singh (Judicial Member) and Dr

Op Eds OP. ED.

Remedy against Guarantor – IBC – A better choice

by Umesh Shetty*

Legislation Updates Statutes/Bills/Ordinances

[Presidential Assent] Companies (Amendment) Act, 2020: Decriminalisation of offences which lack element of fraud or involve larger public interest

The Companies (Amendment) Bill, 2020 received Presidential Assent on 28-09-2020. The Companies (Amendment) Act, 2020 Purpose: Based on the recommendations of the

OP. ED.SCC Journal Section Archives

Cheque Proceedings Against a Company During Insolvency Proceedings – A Legal Complication [SCC Archives]

by Akaant Kumar Mittal†

OP. ED.SCC Journal Section Archives

Unpacking the scope of oppression, prejudice and mismanagement under the Companies Act, 2013 [SCC Archives]

by Umakanth Varottil†

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT rejects Corporate Creditor’s demand of payment of outstanding operational debt worth Rs 58 crores, after finding ‘plausible contention’ in debtor’s arguments

National Company Law Appellate Tribunal, New Delhi: The 3-Member Bench of Justice Bansi Lal Bhat (Acting Chairperson), V.P. Singh, Member (Technical) and

Op Eds OP. ED.

SCC Times

NCLAT

NCLAT | Whether Corporate Insolvency Resolution Process can be initiated against Principal Borrower and Corporate Guarantor simultaneously for same set of debt and default? Tribunal decides

Weighing the effect and need of the ‘minimum threshold’ on the home-buyers

NCLAT reiterates IBC is beneficial legislation intended to put Corporate Debtor on its feet, not a mere money recovery legislation

NCLAT | Can lease rentals arising out of use and occupation of a cold storage unit be categorised as ‘Operational Debt’ under S. 5(21) I&B Code? Find out Tribunal’s ruling

Whether an ex-employee of a financial creditor is eligible to be appointed as Resolution Professional? Read what SC says

[SC ALERT] NCLAT’s decoder on appointment of a person as Resolution Professional: Will an ex-employee of Financial Creditor be eligible for appointment? Read on

Perjury in the National Company Law Tribunal and the National Company Law Appellate Tribunal: An Opinion

NCLAT | Will I&B Code permit a successful Resolution Applicant to stage a “U-turn” frustrating Corporate Insolvency Resolution Process? Tribunal decodes

Remedy against Guarantor – IBC – A better choice

[Presidential Assent] Companies (Amendment) Act, 2020: Decriminalisation of offences which lack element of fraud or involve larger public interest

Cheque Proceedings Against a Company During Insolvency Proceedings – A Legal Complication [SCC Archives]

Unpacking the scope of oppression, prejudice and mismanagement under the Companies Act, 2013 [SCC Archives]

NCLAT rejects Corporate Creditor’s demand of payment of outstanding operational debt worth Rs 58 crores, after finding ‘plausible contention’ in debtor’s arguments

Valuation of Assets under the Code: Holding the Provisions Against the Preamble of the Code

NCLAT provides relief to companies by easing way to exit from corporate insolvency resolution process

NCLAT upholds NCLT Judgment allowing liquidator to sell company’s assets attached by ED

NCLAT | Term of Justice (Retd.) Bansi Lal Bhat as officiating Chairperson — Extended

Acknowledgement of Time Barred Debts in Balance-Sheets: The NCLAT’s Deviance

NCLAT | Court work including virtual hearing to remain suspended till 3rd July, 2020

Removal of a Liquidator under IBC