Search Results for "insolvency appeal"

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Search Results for "insolvency appeal"

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Supreme Court

Supreme Court Dismisses Power Trust's Appeal Against CIRP Initiation for Appellant(s), Upholds NCLAT Order Admitting Section 7 IBC Application Due to Default and Non-Compliance with Restructuring Conditions

18 Feb 2026

The Supreme Court dismissed an appeal challenging the initiation of corporate insolvency resolution process (CIRP) against Hiranmaye Energy Ltd. under...

Tribunals

NCLAT Dismisses Appeal as Time-Barred in Insolvency Matter Due to 244-Day Delay Without Sufficient Cause. Condonation of Delay Refused as Appellant Failed to Provide Adequate Explanation for the Delay in Filing Appeal Under Section 61 of Insolvency and Bankruptcy Code, 2016.

18 Mar 2025

The National Company Law Appellate Tribunal (NCLAT) Principal Bench, New Delhi, heard an application for condonation of delay in filing an appeal unde...

Tribunals

NCLAT Dismisses Appeal of BEST Undertaking Against Liquidator's Rejection of Interest Claim and Secured Creditor Status in Liquidation of Spark Green Energy. Interest-Free Deposit Does Not Attract Interest, and Unregistered Charge Does Not Confer Secured Status Under IBC.

1 Jan 2025

The appeal was filed by Brihanmumbai Electricity Supply and Transport Undertaking (BEST) against an order of the Adjudicating Authority (NCLT Mumbai B...

High Court

Bombay High Court Allows Insolvent's Application to Set Aside Ex-Parte Adjudication Order in Insolvency Proceedings — Delay of 22 Days Condoned. The court held that the Insolvent had sufficient cause for non-appearance and that the ex-parte order was passed without proper service of notice.

5 Jun 2023

The case involves an application by the Insolvent, Parmanand Sitlaprasad Pandey, seeking to set aside an ex-parte adjudication order passed in insolve...

Supreme Court

Supreme Court Reverses High Court in SICA Case on Unsecured Creditor Rights - Sanctioned Rehabilitation Scheme Binding on All Creditors. Court held that under Sections 18(8) and 32 of Sick Industrial Companies (Special Provisions) Act, 1985, unsecured creditors cannot opt out of scaled-down payments and must accept scheme terms for company revival.

17 Mar 2023

The Supreme Court addressed a group of appeals concerning the binding effect of rehabilitation schemes sanctioned under the Sick Industrial Companies ...

High Court

Bombay High Court Dismisses Appeal in Partition Suit, Upholds Single Judge's Refusal of Interim Relief. Court holds that property acquired by siblings after father's insolvency cannot be presumed to be joint family property without evidence of joint funds or common business.

7 Oct 2013

The appeal arose from a judgment of a learned Single Judge dated 27 August 2013 dismissing a motion for interim relief in a suit for partition. The ap...

Tribunals

NCLAT Dismisses Promoter's Appeal Against Rejection of Recall Application in Insolvency Case — Corporate Debtor's CIRP Initiation Upheld. The appeal challenged the rejection of an application to recall the order admitting the Corporate Debtor into CIRP under Section 7 of the Insolvency and Bankruptcy Code, 2016.

30 Nov -0001

The case pertains to an appeal filed by Shristi Infrastructure Development Corporation Limited, the Promoter of the Corporate Debtor (Sarga Udaipur Ho...

Tribunals

NCLAT Sets Aside CIRP Initiation Against Corporate Debtor Due to Suppression of Payments by Operational Creditor — Section 9 Petition Under IBC Fails Minimum Threshold Requirement. The Tribunal remanded the matter for fresh consideration after finding that the Operational Creditor suppressed payments of approximately Rs. 11 lakhs, which if considered would reduce the debt below the Rs. 1 crore threshold under Section 4 of the Insolvency and Bankruptcy Code, 2016.

30 Nov -0001

The appeal was filed by Aquarius H2O Dynamics Private Limited (Corporate Debtor) against an order dated 29.11.2024 of the National Company Law Tribuna...

Tribunals

NCLAT Dismisses Appeals Against Insolvency Resolution of Personal Guarantors Under IBC — Jurisdiction of Adjudicating Authority Upheld. The Tribunal held that the Adjudicating Authority has jurisdiction to entertain applications under Section 95 of the Insolvency and Bankruptcy Code, 2016 against personal guarantors residing abroad, and that the moratorium under Section 96 applies to all assets of the guarantor.

30 Nov -0001

The National Company Law Appellate Tribunal (NCLAT) at Chennai dismissed two appeals filed by Iqbal Jumabhoy and Hussain Somjee, personal guarantors o...

Tribunals

NCLAT Dismisses Appeal of Operational Creditor in Insolvency Case Due to Defective Demand Notice and Limitation Bar. Section 9 Application Under I&B Code Fails as Date of Default is Later Than Demand Notice and Invoices are Time-Barred.

30 Nov -0001

The Appellant, M/s. Metals and Metal Electric Private Limited, an operational creditor, filed an application under Section 9 of the Insolvency and Ban...

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