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NCLAT Chennai Allows Appeals by Resolution Professional Against Rejection of Fee Claims Under IBC. Held that the Adjudicating Authority cannot reduce or disallow fees fixed by the Committee of Creditors without valid reasons....

The present appeals were filed by Mr. Immaneni Eswara Rao, a Resolution Professional, against four separate orders passed by the National Company Law Tribunal, Hyderabad Bench, in various company peti...

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NCLAT Dismisses Appeal Against NCLT Order in Company Petition for Oppression and Mismanagement — Maintainability of Appeal Under Section 421 of Companies Act, 2013. The appeal was dismissed as withdrawn with liberty to file a fresh petition before the NCLT, as the appellant failed to demonstrate any error in the impugned order....

The case involves an appeal filed by Mr. Harsha Vardhan Reddy against an order of the National Company Law Tribunal (NCLT) in a company petition alleging oppression and mismanagement in Merit Inn Sout...

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NCLAT Dismisses Appeal by Resolution Professional in Fraudulent Trading Case Under Section 66 IBC — Lack of Evidence of Intent to Defraud Creditors. The Appellate Tribunal upheld the NCLT order, holding that mere continuation of business or inability to pay debts does not constitute fraudulent trading without specific evidence of fraudulent intent....

The case involves an appeal filed by the Resolution Professional of Think & Learn Private Limited (the corporate debtor) against Aakash Educational Services Limited and its directors. The corporate de...

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NCLAT Allows Appeal Against Rejection of Claim by RP in CIRP of Sovereign Industries Ltd. — Claimant's Right to File Claim Before Adjudicating Authority Not Barred by Limitation Under IBC. The NCLAT held that acknowledgment of debt in balance sheets extends limitation and the RP's rejection was erroneous....

The case involves an appeal by Mr. Bhagawant Narayan Naik against the rejection of his claim by the Resolution Professional (RP) of Sovereign Industries Limited (Corporate Debtor) in the Corporate Ins...

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NCLAT Upholds Preferential Transaction Findings in Insolvency Case — Two Transactions Totaling Rs. 1.60 Crore Held as Preferential Under Section 43 of IBC, 2016. The Tribunal Confirms That Payments Made to Related Parties During the Look-Back Period Are Voidable and Must Be Reversed....

The case involves an appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016, filed by H.P. Arun Kumar, C.M. Nagaraj, and Usha (Appellants) against Addanki Haresh, the Resolution Professio...

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NCLAT Dismisses Financial Creditor's Appeal Against Rejection of Section 7 Application as Time-Barred. Application Under Section 7 of IBC, 2016 Filed Beyond Three Years from NPA Declaration Held Barred by Limitation....

The appeal was filed by M/s. Canara Bank (Appellant/Financial Creditor) against the order of the National Company Law Tribunal, Hyderabad Bench, which dismissed its application under Section 7 of the ...

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NCLAT Allows Appeal in IBC Case Due to Unrebutted Averments — Respondent's Statement at Bar Not to File Counter Leads to Admission of Appellant's Pleadings. The principle from Naresh Kumar Bansal v. G.S. Kalra & Ors., 1993 (25) DRJ 230 applied where respondent declined to file counter affidavit....

The National Company Law Appellate Tribunal (NCLAT) at Chennai was hearing an appeal under the Insolvency and Bankruptcy Code, 2016. The appellant, Mr. KN Devdass, the suspended director of Cema Elect...

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NCLAT Dismisses Appeal Against CIRP Admission as Withdrawn. Shareholder's Challenge to Section 7 IBC Initiation on Grounds of Malicious Intent Under Section 65 IBC Not Maintainable as Appeal Was Withdrawn....

The appellant, Dr. Aveena Gudapati, filed an appeal before the National Company Law Appellate Tribunal (NCLAT) at Chennai challenging an order dated 28.05.2024 passed by the National Company Law Tribu...