The Intersection between Arbitration and Insolvency Proceedings: An Indian Perspective
Devna Arora* and Didon Misri**
NCLT
NCLAT | No Liquidator has any ‘personal rights’, to continue in Liquidation Process; Adjudicating Authority can order for replacement of Liquidator
National Company Law Appellate Tribunal | The bench comprising of M. Venugopal, J. and Naresh Salecha* (Technical Member) held that
Delhi High Court| Courts are duty bound to lean towards an interpretation which uphold jurisdiction of a Civil Court in case of suspicion
Section 9 of CPC is also symbolised as the gateway to the civil Courts as it envisages not only the inherent powers of the Civil Courts to entertain any suit of a civil nature, but also the inherent rights of the disgruntled yet hopeful litigants to approach the civil Courts with a huge expectation that they will get justice from this forum, which would adjudicate upon their infracted legal rights and will invoke the legal machinery to protect and vindicate such rights.
Rule 11 of NCLAT Rules 2016 cannot be invoked even if there is no provision in IBC to deal with certain circumstances: NCLAT
National Company Law Appellate Tribunal | Dismissing the appeals, a bench comprising of Rakesh Kumar Jain*, J. and Kanthi Narahari
Plea of pre-existing dispute must co-relate with amount claimed by Operational Creditor: NCLAT
National Company Law Appellate Tribunal | Allowing the appeal as the impugned order is contrary to law, the bench comprising of Rakesh
Fictional Scheme to benefit few selected related parties; NCLAT upholds Liquidation of Corporate Debtor
National Company Law Appellate Tribunal | A bench comprising of Ashok Bhushan, J., Dr. Alok Srivastava* (Technical Member) and Barun
Recovering Foreign Award Debts in Insolvency Proceedings
by Kartikey Mahajan, Siddhant Sharma and Jatan Rodrigues
Cite as: 2022 SCC OnLine Blog Exp 87
Approval/Non-approval of Resolution Plan is a commercial wisdom and Tribunal can’t interfere with the commercial wisdom: NCLAT
National Company Law Appellate Tribunal | Dismissing the appeal, Ashok Bhushan, J., Kanthi Narahari (Technical Member) and Barun Mitra (Technical
Reappointment is not a vested right; Gujarat High Court denies to grant any direction to complete the reappointment process of a Judicial Member at NCLT
Gujarat High Court held that a writ cannot be issued to direct the authorities to complete the reappointment process on time
‘Whether Enforcement directorate can attach properties of corporate debtor once moratorium is in force; Supreme Court issues notice in a SLP
Supreme Court: In a special leave petition (‘SLP’) having question of law, whether Enforcement directorate (‘ED’) can attach properties of corporate debtor
Differentiating Between Statutory vis-à-vis Contractual Charge Holders – Relevance During Liquidation – Analysis
by Akaant Kumar Mittal†
Cite as: 2022 SCC OnLine Blog Exp 81
Interim moratorium under S. 96 IBC in respect of one of the guarantors would not ipso facto apply against a co-guarantor; Delhi HC stays suit in view of bar under S.96 IBC
Delhi High Court: In two separate suits filed seeking recovery of amount from the defendants, being ex- promoters and personal guarantors of
NCLT Recognises the Role of a Company Secretary as a Watchdog to Ensure Corporate Governance
by Aditya Vikram Jalan† and Urvashi Misra††
“Reduction of Share Capital is a matter of domestic concern”; NCLAT confirms reduction of the share capital approved by the shareholders of Precious Energy Services Ltd.
National Company Law Appellate Tribunal (NCLAT): While deciding the instant appeal filed by Precious Energy Services Ltd., against the order
Entertainment City Ltd an ‘affiliate’ of United Group; NCLAT grants Moratorium Benefits
National Company Law Appellate Tribunal, New Delhi: The Bench of Ashok Kumar Bhushan, J., Chairperson, M. Satyanarayana Murthy, J., Judicial
IBC – Section 7(5)(a) | NCLT “may” reject Financial Creditor’s CIRP application even in case of Corporate Debtor’s default in payment of debt
Supreme Court: The bench of Indira Banerjee* and JK Maheshwari, JJ has rejected the view of NCLT and NCLAT that once it
The Castaways – Resolution Applicants under the IBC
by Aditya Bapat†
30 Reports to Read from Tribunals and Commissions | April and May RoundUp 2022
Central Information Commission (CIC) Framework of RTI Act restricts jurisdiction of CIC to provide a ruling on issues pertaining to access/right to
Article 1 of Limitation Act deals with suits relating to accounts: NCLAT highlights scope of Art. 137 of Limitation Act
National Company Law Appellate Tribunal, New Delhi (NCLAT): The Coram of Justice Ashok Bhushan (Chairperson) and Dr Alok Srivastava (Technical Member) observed
SC to decide if a non-member director barred from approaching NCLT alleging oppression/mismanagement under Section 430 of Companies Act
Supreme Court: The Division Bench of Dinesh Maheshwari and Aniruddha Bose, JJ., issued notice to Topworth Urja & Metals Ltd. in a