NCLT Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

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

Op Eds OP. ED.

Winding Up v. The Insolvency and Bankruptcy Code, 2016

by Amir Arsiwala* & Ishan J Ravindranath**

Case Briefs High Courts

Del HC | Is the liability of Principal Borrower and Guarantor co-extensive? Court reiterates SC’s position on continuation of SARFAESI proceedings against Guarantor by banks

Delhi High Court: A Division Bench of Hima Kohli and Subramonium Prasad, JJ., considered the following question: Whether a bank/financial institution can institute

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | If objections raised in regard to “Scheme” under S. 230 of Companies Act, 2013 are procedural in nature, can they be overruled? Tribunal expounds

National Company Law Appellate Tribunal (NCLAT): A Division Bench of Justice Jarat Kumar Jain (Judicial Member) and Balvinder Singh (Technical Member) while addressing

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

OP. ED.

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

by Amir Arsiwala* & Ishan J Ravindranath**

Op Eds OP. ED.

Remedy against Guarantor – IBC – A better choice

by Umesh Shetty*

Case Briefs High Courts

Kar HC | ‘He who comes for relief in equity must come with clean handsʼ; Petition dismissed

Karnataka High Court: P.S. Dinesh Kumar, J., rejects the petition seeking the writ of certiorari against the order of NCLT imposing heavy

Case Briefs High Courts

Del HC | Will the jurisdiction to address issues of oppression and mismanagement, elections to board of directors of company, etc., vest exclusively with NCLT? HC considers

Delhi High Court: Najmi Waziri, J., while addressing the present matter considered the following issues: Whether elections to the Board of Directors of

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 | Whether provisions of Limitation Act, 1963 vide S. 238A of I&B Code, 2016 will be applicable to all NPA cases or not? Tribunal answers

National Company Law Appellate Tribunal (NCLAT): Full Bench of Justice Bansi Lal Bhat (Acting Chairperson) and Justice Anant Bijay Singh (Member, judicial) and

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

Case Briefs Tribunals/Commissions/Regulatory Bodies

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,

Case Briefs Tribunals/Commissions/Regulatory Bodies

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

Op Eds OP. ED.

Pro Tempore Metamorphosis of Law: A Step to Reinvigorate the Indian Economy amid COVID-19

by Vidula Mehrotra*

Appointments & Transfers News

BSV Prakash’s tenure as Acting President of NCLT — Extended

Extension of tenure of BSV Prakash Kumar, Judicial Member, NCLT as Acting President — National Company Law Tribunal. The extension period has

Hot Off The Press News

COVID-19 | Lockdown | NCLAT extends period of limitation applicable to pending proceedings/ interim orders, and directs banks to extend periods of Fixed Deposits

Upon requests for urgent listing of cases having been made telephonically to Registrar of this Appellate Tribunal from various persons, who were

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | NCLT’s order of barring an auditor for 5 years on grounds of misusing his position, held –Unsustainable

National Company Law Appellate Tribunal (NCLAT): The Bench comprising of Justice Jarat Kumar Jain (Judicial) and Balvinder Singh (Technical) and Dr Ashok

Appointments & Transfers News

Judicial Member Bethala Shantha Vijaya Prakash Kumar appointed as Actg. President of NCLT

S.O. 72(E).— Consequent on the completion of the term of Office of Justice Shri M.M. Kumar as President, National Company Law Tribunal