Search Results for "insolvency moratorium"

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Search Results for "insolvency moratorium"

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Tribunals

NCLAT Chennai Dismisses Appeals Against CIRP Initiation by State Bank of India for Non-Payment of Loan Guarantee. Personal Guarantors' Appeals Dismissed as Withdrawn, Upholding Adjudicating Authority's Order Admitting Section 95 Application Under IBC.

17 Mar 2025

The National Company Law Appellate Tribunal (NCLAT) Chennai bench heard four connected appeals filed by personal guarantors—Ajay Agarwal, Ashok Agar...

High Court

Bombay High Court Dismisses Writ Petition Challenging SARFAESI Proceedings Against Guarantor's Property — Maintains That Guarantor Is a 'Borrower' Under Section 2(1)(f) of SARFAESI Act and That Writ Jurisdiction Is Not Available When Alternative Statutory Remedy Exists Under Section 17 of SARFAESI Act.

20 Jul 2023

The petitioner, Mr. Latif Yusuf Manikkoth, filed a writ petition before the Bombay High Court challenging the possession notice issued by the Bank of ...

Tribunals

NCLAT Dismisses Appeal by Shareholder Against CIRP Admission — Shareholder Lacks Locus Standi Under Section 61 IBC. The appeal filed by a shareholder against the order admitting a Section 9 petition by an operational creditor was dismissed as the shareholder is not an aggrieved person under Section 61 of the IBC.

19 Jan 2024

The present appeal was filed under Section 61 of the Insolvency and Bankruptcy Code, 2016 (IBC) by Romi Datta, a shareholder of Sahara Q Shop Unique P...

High Court

Bombay High Court Quashes Order of Special CBI Court Refusing Discharge of Corporate Debtor Under Section 32A of IBC. Section 32A(1)(a) of Insolvency and Bankruptcy Code, 2016 Grants Immunity to Corporate Debtor for Pre-CIRP Offences Upon Approval of Resolution Plan, Irrespective of Pending Appeals.

16 Nov 2021

The case arose from two writ petitions filed under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1...

Supreme Court

Supreme Court Upholds NCLAT Order in Insolvency Resolution Plan Approval Under Insolvency and Bankruptcy Code, 2016. Resolution Plan Found Compliant with Section 30(2) and Binding on All Stakeholders Despite Pending Creditor Claim Challenges.

10 Aug 2021

The appeal arose under Section 62 of the Insolvency and Bankruptcy Code, 2016, against a judgment dated 4 January 2021 of the National Company Law App...

High Court

High Court of Bombay Admits Appeal Against Order Vacating Ex-Parte Stay on NCLT Proceedings in Corporate Insolvency Case. Company Petition for Winding Up Admitted Prior to IBC Application; Court to Determine Jurisdiction Overlap Between Winding Up and Corporate Insolvency Resolution Process.

26 Jul 2018

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Supreme Court

Supreme Court Dismisses Appeal Against Initiation of CIRP Against Corporate Debtor Despite Payment by Guarantor's Resolution Applicant. Right of Subrogation Under Section 140 of Indian Contract Act, 1872 Not Available Where Resolution Plan Extinguishes Guarantee and No Payment of Entire Debt.

23 Jul 2024

The case involves an appeal against the initiation of Corporate Insolvency Resolution Process (CIRP) against the 2nd respondent, Gujarat Hydrocarbon a...

Tribunals

NCLAT Dismisses Liquidator's Appeal Seeking Return of Bank Guarantees and Margin Money Post-Invocation. Bank Guarantee Invocation Extinguishes Both Margin Money and Bank's Liability, Liquidator Cannot Claim Refund.

30 Nov -0001

The case involves an appeal by Mr. Rajendra Prasad Tak, the Liquidator of M/s. KVK Nilachal Power Pvt. Ltd. (Corporate Debtor), against an order of th...

Tribunals

NCLAT Dismisses Appeal Against Assignment of Debt by Government Authority in CIRP. Assignment of operational debt by a government authority to a private entity is valid under the IBC, and the assignee becomes an operational creditor with voting rights in the CoC.

17 Sep 2025

The appeal was filed by Ellison Oil Field Services Pvt. Ltd. against an order of the NCLT, Mumbai Bench 1 dated 21.08.2024, which dismissed an applica...

High Court

Bombay High Court Directs Bank to Refer MSME Loan Account for Restructuring Under RBI Framework - Petitioner's MSME Status Entitles It to Benefit of Framework for Revival and Rehabilitation. The court held that the bank was obligated to refer the stressed MSME account to the Committee for restructuring as per the Government Notification dated 29.05.2015 and RBI Master Direction dated 21.07.2016, following the Supreme Court's decision in Pro Knits.

29 Jan 2026

The petitioners, Vardhan Agro Processing Limited (petitioner No.1, an MSME) and its chairman and shareholder (petitioner No.2), filed a writ petition ...

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