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NCLAT Dismisses Appeal Against Rejection of Section 7 Application for CIRP — Claimants Failed to Prove Debt and Default. The Tribunal held that the Appellants did not establish the existence of a financial debt or default, and the application was barred by limitation.

The present appeal was filed by Vistra ITCL (India) Limited, Pratiti Trading Private Limited, and Gajendra Investment Limited (Appellants) against the...

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Supreme Court Allows Promoter's Appeal in IBC Withdrawal Case — Commercial Wisdom of Committee of Creditors Cannot Be Overridden by NCLT/NCLAT. Settlement Plan Approved by 94.23% Voting Share Under Section 12A of Insolvency and Bankruptcy Code, 2016 Must Be Respected.

The case involves appeals by Vallal RCK, the promoter of M/s Siva Industries and Holdings Limited (Corporate Debtor), against the common judgment of t...

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High Court of Bombay Considers Appeals Against Company Law Board Order Directing Buyout of Majority Stake in Wind Energy Company. The majority shareholder challenged the finding of oppression and the forced sale of shares to minority shareholders under sections 397, 402 and 403 of the Companies Act, 1956.

The proceedings arose from disputes between the shareholders of Enercon (India) Limited, now known as Wind World (India) Limited, a company engaged in...

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Bombay High Court Upholds Admission of Winding-Up Petition Against Telecom Company Due to Substratum Erosion and Deadlock. Cancellation of 2G Licences and Irreconcilable Differences Between Equal Shareholders Justify Winding-Up Under Section 433(f) of the Companies Act, 1956.

The appeal arose from an order of the company judge admitting a petition for winding up of Etisalat D.B. Telecom Limited (the company) under Section 4...

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Supreme Court Allows Appeal Against High Court's Interference in Personal Insolvency Proceedings Under IBC — High Court Exceeded Writ Jurisdiction by Precluding Statutory Mechanism Before Adjudicating Authority Could Determine Debt Existence

The Supreme Court allowed an appeal against a Karnataka High Court order that had interdicted personal insolvency proceedings under the Insolvency and...

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Bombay High Court Dismisses Petition Challenging Amendment of Plaint in Unfair Trade Practice Suit — Amendment Allowed to Bring Subsequent Resolution on Record Under Order 6 Rule 17 CPC.

The petitioner, City and Industrial Development Corporation Ltd. (CIDCO), filed a writ petition under Article 227 of the Constitution of India challen...

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Bombay High Court Allows Winding Up Petition Against Varun Global Limited for Non-Payment of Loan Debt. Life Insurance Corporation of India Succeeds in Proving Company's Inability to Pay Debts Under Sections 433(e) and 434 of the Companies Act, 1956.

The petitioner, Life Insurance Corporation of India (LIC), filed a company petition under Sections 433(e) and 434 of the Companies Act, 1956, seeking ...

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High Court Adjudicates on Official Liquidator's Report on Claims of Secured Creditors in Company Liquidation. Distribution of Sale Proceeds from Assets of Company Under Liquidation Determined Based on Debts Recovery Tribunal Order.

The matter concerned the winding up of Maharashtra Explosives Ltd., a company incorporated under the Companies Act, 1956. By order dated 12-8-2001, th...

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Supreme Court Dismisses Appeals in Insolvency Resolution Plan Implementation Dispute. The court upheld the NCLT order finding compliance with conditions precedent under the Resolution Plan, allowing implementation and extensions as per the Insolvency and Bankruptcy Code, 2016.

The batch of appeals arose from orders of the National Company Law Appellate Tribunal concerning the implementation of a Resolution Plan under the Ins...