Search Results for "IBC moratorium"

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Search Results for "IBC moratorium"

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Tribunals

NCLAT Allows Appeal Against NCLT Order Directing Refund of Bank Guarantee Invoked During CIRP — Bank Guarantee Invocation Not Barred by Moratorium Under Section 14 IBC. The NCLAT held that the moratorium under Section 14(1)(c) does not prohibit invocation of bank guarantees, as they are independent contracts and not property of the corporate debtor.

20 Dec 2024

The appeal was filed by WAPCOS Ltd. against an order of the National Company Law Tribunal, Special Bench Mumbai, dated 20.01.2022, which directed the ...

High Court

Bombay High Court Quashes Consumer Commission Order and Bailable Warrants Against NBFC in Moratorium Period — Insolvency and Bankruptcy Code Moratorium Bars Continuation of Proceedings Under Consumer Protection Act, 2019.

17 Oct 2025

The petitioner, SREI Equipment Finance Limited, a non-banking financial corporation, challenged an order dated 20.07.2022 passed by the District Consu...

High Court

Bombay High Court Rules in Admiralty Jurisdiction Case: Cockette Marine Oil vs. OSV Beas Dolphin. Court Rejects Summary Judgment Amidst Insolvency Proceedings, Highlights Impact of IBC Moratorium on Maritime Claims.

23 Aug 2024

The Bombay High Court, under the Admiralty jurisdiction, considered an application for summary judgment filed by Cockette Marine Oil DMCC against OSV ...

Supreme Court

Supreme Court Allows Appeal of Resolution Professional in IBC Moratorium Dispute. Section 14(1)(d) of Insolvency and Bankruptcy Code, 2016 prohibits owner from recovering property occupied by corporate debtor during moratorium, even under joint development agreement.

19 Feb 2020

The appeal arose from a dispute concerning the interpretation of Section 14(1)(d) of the Insolvency and Bankruptcy Code, 2016 (IBC). The appellant, Ra...

High Court

High Court Dismisses Appeal in MPID Act Attachment Case, Upholding Lower Court's Rejection of Stay Application Based on IBC Moratorium. Attachment Proceedings Under Section 8 MPID Act Not Stayed as They Aim to Protect Depositors' Interests, Not Recover Debt, and Do Not Overlap with Insolvency Proceedings Under IBC.

10 Mar 2026

The appeal arose from an order dated 4th November 2023 passed by the Special Judge (MPID), City Civil & Sessions Court, Greater Bombay, rejecting ...

High Court

Bombay High Court Allows Withdrawal of Court Deposits by Former Employee Despite Appellant's CIRP — Section 14 IBC Moratorium Does Not Bar Withdrawal of Pre-CIRP Deposits Made by Corporate Debtor. The court held that the deposit made by the corporate debtor as a condition for stay of execution is not an asset of the corporate debtor and is not covered by the moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016.

4 Jan 2023

The case involves an Interim Application filed by Rajendra Prasad Bansal (respondent in the First Appeal) seeking withdrawal of monies deposited by th...

Tribunals

National Company Law Appellate Tribunal Dismisses Appeals by Suspended Director Challenging Withdrawal of CIRP Application Under Section 12A of IBC -- Orders Permitting Withdrawal and Deletion of Suspended Management Upheld

23 Dec 2024

The National Company Law Appellate Tribunal dismissed Appeals by Appellant, Suspended Director, against orders of the Adjudicating Authority related t...

High Court

Bombay High Court Allows Borrowers' Challenge Against DRT Orders Rejecting Interim Relief Despite Pending IBC Section 95 Petition. Interim Moratorium Under Section 96 IBC Bars Continuation of Securitisation Proceedings During Pendency of Insolvency Petition.

21 Apr 2026

The petitioners, M/s. Kapole Advertising Agency and others, were the original borrowers who had approached the Bombay High Court challenging two order...

Supreme Court

Supreme Court Dismisses Appeal by Erstwhile Directors in First Insolvency Case, Holding IBC Overrides State Moratorium. Corporate Debtor's Belated Defence of Non-Disbursal Under Master Restructuring Agreement Rejected as After-Thought.

1 Aug 2026

The case arose from the first application under the newly enacted Insolvency and Bankruptcy Code, 2016. The appellant, a multi-product company, faced ...

Supreme Court

Supreme Court Allows Appeals by Successful Resolution Applicant and Union Bank in DHFL Insolvency Case, Upholds Resolution Plan Modifications on Avoidance Applications and Confidentiality. The Court held that the NCLAT exceeded its jurisdiction by modifying the resolution plan approved by the CoC and NCLT regarding avoidance applications, and that the commercial wisdom of the CoC is not subject to judicial review except under Section 30(2) IBC.

1 Apr 2025

The Supreme Court disposed of a batch of appeals arising from the insolvency resolution of Dewan Housing Finance Corporation Limited (DHFL) under the ...

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