Justification of Means to End: Nature of Notification under Section 4 of IBC
by Anurag Tripathi* & Naman Singh Bagga**
NCLAT
Ola, Uber do not facilitate cartelization or anti-competitive practices between drivers, holds SC but says no to imposing “heavy cost” on the informant
“When the CCI performs inquisitorial, as opposed to adjudicatory functions, the doors of approaching the CCI and the appellate authority, i.e., the NCLAT, must be kept wide open in public interest.”
NCLAT | S. 65 of IBC is not meant to negate process under S. 7 or 9 of IBC; Penal action under S. 65 can be taken only when provision of Code has been invoked fraudulently, with malicious intent
National Company Law Appellate Tribunal (NCLAT): The Bench of Justice Venugopal M. (Judicial Member) and V.P. Singh (Technical Member) and Shreesha Merla (Technical
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
Weighing the effect and need of the ‘minimum threshold’ on the home-buyers
by Pareekshit Bishnoi & Parveen Kumar Aggarwal*
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
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
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
[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
Perjury in the National Company Law Tribunal and the National Company Law Appellate Tribunal: An Opinion
by Amir Arsiwala* & Ishan J Ravindranath**
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
Remedy against Guarantor – IBC – A better choice
by Umesh Shetty*
[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
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
NCLAT provides relief to companies by easing way to exit from corporate insolvency resolution process
National Company Law Appellate Tribunal: Justice Bansi Lal Bhat (Acting Chairperson), Justice Anant Bijay Singh (Member, Judicial), Dr Ashok Kumar Mishra (Member,
NCLAT upholds NCLT Judgment allowing liquidator to sell company’s assets attached by ED
National Company Law Appellate Tribunal (NCLAT): A Bench comprising of Justice S.J. Mukhopadhaya (Chairperson) and Justice B.L. Bhat (Judicial member) rejected an
NCLAT | Term of Justice (Retd.) Bansi Lal Bhat as officiating Chairperson — Extended
The term of office of Justice (Retd.) Shri Bansi Lal Bhat, Member (Judicial) as officiating Chairperson, NCLAT is further extended for a