Search Results for "insolvency moratorium"

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Search Results for "insolvency moratorium"

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Tribunals

National Company Law Appellate Tribunal Allows Appeal by Suspended Director in Insolvency Case — Section 9 Application Admitted Without Proper Notice Under Section 8 of IBC. The Adjudicating Authority Failed to Consider That the Operational Creditor Had Not Provided Correct Address for Service of Demand Notice, Rendering the Admission Order Unsustainable.

19 Jan 2024

The appeal was filed by Sashi Kanta Jha, a suspended director of the corporate debtor, M/s Juggilal Kamlapat Jute Mills Company Limited (now Geo Jute ...

High Court

Bombay High Court Quashes Reassessment Proceedings Against Company Resolved Under IBC — Clean Slate Principle Applies to Past Tax Claims. Section 31 of IBC binds tax authorities, and no reassessment can be initiated for pre-resolution period.

28 Aug 2024

The petitioners, Uttam Galva Metallics Ltd. (the corporate debtor) and its director, challenged reassessment proceedings initiated by the Income Tax D...

Supreme Court

Supreme Court Dismisses Appeal in Dishonour of Cheque Case Under Negotiable Instruments Act, 1881 Despite Insolvency Proceedings. Criminal Liability Under Section 138 Negotiable Instruments Act, 1881 Continues Simultaneously with Insolvency Resolution Under Insolvency and Bankruptcy Code, 2016 as Proceedings are Penal and Not Covered by Moratorium Under Section 14.

15 Mar 2023

The dispute arose from a dishonoured cheque issued by M/s Rainbow Papers Limited, a company, to Tourism Finance Corporation of India Limited, a public...

Supreme Court

Supreme Court Dismisses Appeal of Suspended Director Against Admission of Insolvency Petition by Canara Bank Under Section 7 of IBC. Held that a suspended director has no locus standi to challenge the admission of a Section 7 application as the corporate debtor is the proper party.

11 May 2023

The case involves an appeal by M. Suresh Kumar Reddy, claiming to be a suspended director of M/s Kranthi Edifice Pvt. Ltd. (corporate debtor), against...

Supreme Court

Supreme Court Upholds NCLAT Decision on Mandatory 75% Voting Share for Resolution Plan Approval Under I&B Code. Financial Creditors' Rejection of Resolution Plan for Kamineni Steel & Power India Pvt. Ltd. and Innoventive Industries Ltd. Leads to Liquidation as Plan Did Not Garner Required Majority.

6 Sep 2018

The Supreme Court of India heard appeals arising from a common judgment of the National Company Law Appellate Tribunal (NCLAT) dated 6 September 2018,...

Tribunals

NCLAT Allows Appeal and Sets Aside Insolvency Admission After Full Deposit of Debt Amount. Corporate Insolvency Resolution Process Initiated for Debt of Rs.29,36,840/- Set Aside as Appellant Deposited Entire Amount and Parties Agreed to Settle.

5 Jul 2024

The appeal was filed by Inteco Melting and Casting Technologies GMBH against the order dated 20.05.2022 passed by the Adjudicating Authority admitting...

High Court

Madras High Court Dismisses Writ Petition Challenging NCLT Order Admitting CIRP Against Corporate Debtor — Default and Debt Admitted, No Ground for Interference Under Article 226. The court held that the existence of debt and default is sufficient for admission under Section 7 IBC, and the writ petition is not maintainable due to alternative remedy under Section 61 IBC.

23 Jan 2025

The writ petition was filed by Dharamshi K. Patel and Kamala D. Patel, shareholders and suspended directors of Evershine Wood Packaging Private Limite...

High Court

High Court of Karnataka Considers Whether Registrar NCLT Can Scrutinize Maintainability of Section 95 IBC Petition at Filing Stage. Appeal Challenges Single Judge's Order Holding E-Filing of Insolvency Petition Against Partnership Firm Void and Non-Est.

16 Oct 2024

The appeal arose from a writ petition filed by M/s Manyata Reallty, a partnership firm, challenging the e-filing of a petition under Section 95 of the...

High Court

High Court of Karnataka Directs Banks to Comply with RBI Prudential Framework for Stressed Assets Resolution in Writ Petition by Borrower Company. Court holds that the Prudential Framework dated June 7, 2019, requires lenders to convene a review meeting within 30 days of default to decide on a resolution plan.

25 Jun 2026

The petitioner, Ganjam Nagappa and Son Private Limited, a company incorporated under the Companies Act, 1956, filed a writ petition under Articles 226...

Supreme Court

Supreme Court Allows Appeals Against High Court Interim Stay in IBC Matter — Questions of Maintainability of Writ Petition and NCLT's Power to Inquire into Fraud Examined. The court held that the High Court should not have entertained a writ petition against an NCLT order when a statutory appeal to NCLAT was available, and that NCLT can inquire into fraud under Section 60(5)(c) of IBC, 2016.

3 Dec 2019

The Supreme Court heard three appeals arising from an interim order of the Karnataka High Court staying the operation of a direction by the National C...

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