Search Results for "IBC moratorium"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "IBC moratorium"

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Supreme Court

Supreme Court Dismisses Appeal Against NCDRC Order Holding Interim Moratorium Under IBC Section 96 Does Not Stay Execution of Penalty Orders Under Consumer Protection Act. Consumer Penalties Are Not 'Debt' Under IBC and Execution Proceedings Under Section 27 CP Act Are Criminal in Nature, Not Civil Recovery.

4 Mar 2025

The present appeal was filed against the final judgment and order passed by the National Consumer Disputes Redressal Commission (NCDRC), wherein multi...

Tribunals

NCLAT Allows Appeals by Commercial Space Buyers in CIRP of IP Constructions Pvt. Ltd. — Resolution Plan Must Include Allottees' Claims. The Tribunal held that commercial space allottees are 'financial creditors' under Section 5(8)(f) of the Insolvency and Bankruptcy Code, 2016, and their claims must be considered in the resolution plan.

30 Nov -0001

The judgment arises from three appeals filed by commercial space allottees against orders of the National Company Law Tribunal (NCLT), Principal Bench...

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

The High Court of Judicature at Bombay, Nagpur Bench, Nagpur Considered Applications to Quash Six Criminal Complaints Under Section 138/141 of the Negotiable Instruments Act, 1881. The Court Examined Whether Former Directors of a Company Undergoing Insolvency Resolution and Liquidation Could Be Liable for Dishonoured Cheques Issued After Moratorium.

3 Jul 2025

The applicants, four individuals who were directors or former directors of Venus Rolling Mills Private Limited (accused No.1), filed six criminal appl...

Supreme Court

Supreme Court Dismisses Appeal in Insolvency Case Due to Lack of Financial Creditor Status. Interest-Free Term Loan Does Not Qualify as Financial Debt Under Section 5(8) of the Insolvency and Bankruptcy Code, 2016 as It Lacks Consideration for Time Value of Money.

26 Jul 2021

The appeal arose under Section 62 of the Insolvency and Bankruptcy Code, 2016 (IBC) against the dismissal by the National Company Law Appellate Tribun...

Supreme Court

Supreme Court Dismisses Appeal in MSME Arbitration Execution Dispute, Upholding High Court's Ruling on Nullity Plea and Jurisdiction. Arbitral Award Remains Executable Despite Insolvency Resolution Plan Approving Claim at Nil, as Facilitation Council's Jurisdiction Not Extinguished Under Section 31 Insolvency and Bankruptcy Code, 2016.

21 Apr 2025

The appeal arose from a dispute under the Micro, Small and Medium Enterprises Development Act, 2006 (MSME Act), where the respondent filed claim petit...

High Court

Bombay High Court Dismisses Writ Petitions Challenging MSME Facilitation Council Reference and Award — Held That Section 18 of MSMED Act, 2006 Does Not Require Prior Agreement for Reference and That Limitation Under Section 34 of Arbitration Act Applies to Setting Aside of Award.

30 Nov -0001

The judgment involves three writ petitions filed by Morarjee Textiles Ltd., its Head of Finance, and its Executive Director and Chairperson, challengi...

High Court

High Court of Judicature at Bombay Holds Writ Petition Not Maintainable Against Arbitrator's Order on Jurisdiction Under Section 16 and Order Appointing Arbitrator Under Section 11; Alternative Remedies U/S 34 and Article 136 Must Be Availed. The court found that an order under Section 11 is challengeable only before the Supreme Court under Article 136, and a Section 16 order can be contested after the award under Section 34, thus barring writ jurisdiction.

17 Oct 2023

This writ petition arose from a contractual dispute between Hindustan Petroleum Corporation Limited (HPCL), a government enterprise, and a joint ventu...

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 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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