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Search Results for "Insolvency Code"

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Supreme Court

Supreme Court Allows Appeal of SBI Consortium in Corporate Guarantee Dispute Under IBC. Corporate Guarantees Executed by Corporate Debtor Constitute Financial Debt Under Section 5(8) of IBC, 2016, and Are Enforceable Despite Timing and Stamping Objections.

28 Apr 2026

The Supreme Court allowed the appeal filed by the Appellant Consortium against the order of the National Company Law Appellate Tribunal (NCLAT) which ...

Supreme Court

Supreme Court Reverses NCLAT Decision on Corporate Insolvency Resolution Process Due to Pre-existing Dispute. The Court found that communications and actions by the corporate debtor prior to the demand notice under Section 8 of the Insolvency and Bankruptcy Code, 2016, indicated a genuine dispute requiring detailed investigation, barring admission under Section 9.

9 Apr 2026

The dispute arose from a corporate insolvency resolution process initiated by Respondent, the operational creditor, against Appellant, the corporate d...

High Court

Madras High Court Allows Revision Petition, Sets Aside Execution of MSME Award Due to Approved Resolution Plan Under IBC. Claims Not Submitted During CIRP Stand Extinguished Under Section 31 of Insolvency and Bankruptcy Code, 2016.

27 Feb 2026

The case involves a civil revision petition filed by M/s. Capricon Food Products Indian Limited (the revision petitioner/judgment debtor) against M/s....

Supreme Court

Supreme Court Allows Operational Creditors to Pursue Civil Suit and Arbitration Post-Resolution Plan — Notional Claims Not Extinguished. The Court held that claims admitted at a notional value of Re. 1 due to pending disputes are not barred by the approved resolution plan under the Insolvency and Bankruptcy Code, 2016.

1 Jan 2026

The case involves appeals by M/s Tata Steel Ltd., the successful resolution applicant (SRA) for Bhushan Steel Limited (BSL), against orders of the Bom...

Supreme Court

Supreme Court Dismisses Appeal in Insolvency Case Involving Trademark Ownership Dispute. The Court upheld NCLAT's finding that NCLT's declaration of trademark ownership impermissibly modified the approved Resolution Plan under the Insolvency and Bankruptcy Code, 2016.

28 Apr 2025

The appeal arose from a dispute over trademark ownership in the context of a corporate insolvency resolution process under the Insolvency and Bankrupt...

Tribunals

NCLAT Dismisses Appeal by Personal Guarantor Against Withdrawal of Insolvency Petition by State Bank of India — Principles of Dominus Litis and Right to Withdraw Under Section 95 of IBC, 2016 Upheld. The Personal Guarantor has no locus standi to object to the withdrawal of a Section 95 petition by the Financial Creditor before admission.

25 Apr 2025

The case involves an appeal filed by S. Srinivasan, a Personal Guarantor of M/s. Sri Venkatram Spinners Pvt. Ltd., against an order of the National Co...

Tribunals

NCLAT Dismisses Indian Bank's Appeals in Insolvency Case — Income Tax Refund Held as Part of Corporate Debtor's Assets, Not Subject to Set-off by Bank. The Tribunal upheld the liquidator's right to recover the refund amount, ruling that the bank's claim of set-off under Section 14 of IBC was not maintainable after moratorium.

10 Mar 2025

The National Company Law Appellate Tribunal (NCLAT) dismissed two appeals filed by Indian Bank challenging orders dated 19.12.2024 passed by the Natio...

Supreme Court

Supreme Court Allows Appeal in IBC Limitation Dispute — Time for Filing Appeal Runs from Date of Uploading of Order, Not from Date of Pronouncement. NCLAT Erred in Computing Limitation from Date of Pronouncement Without Considering Date of Uploading Under Section 61(2) of Insolvency and Bankruptcy Code, 2016.

1 May 2023

The appeal arises under Section 62 of the Insolvency and Bankruptcy Code, 2016 (IBC) from a judgment dated 9 January 2023 of the National Company Law ...

Supreme Court

Supreme Court Allows Appeal in Insolvency Case for Withdrawal of CIRP Based on Settlement Before CoC Constitution. Withdrawal Application Under Section 12A of Insolvency and Bankruptcy Code, 2016 Granted as Settlement Was Genuine and Committee of Creditors Not Constituted, Invoking Inherent Powers Under Rule 11 of NCLT Rules, 2016.

28 Mar 2023

The dispute arose from an appeal filed by a suspended director of Manpasand Beverages Ltd., the corporate debtor, against an order of the National Com...

High Court

High Court of Karnataka Allows Transfer of Winding Up Petitions to NCLT Under Section 434(1) of Companies Act, 2013 — Mandatory Transfer of Pending Proceedings Where No Winding Up Order Has Been Passed.

28 Sep 2021

The judgment concerns two company applications filed by M/s. Nitesh Residency Hotels Pvt. Ltd. seeking transfer of pending winding up petitions (Compa...

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