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Search Results for "insolvency proceeding"

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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...

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 IBC Section 7 Case — Procedural Defect of Affidavit Date Not Fatal. The Court held that a discrepancy between the date of verification and the date of affidavit in a Section 7 application under the Insolvency and Bankruptcy Code, 2016 is a curable defect and does not warrant rejection at the threshold.

24 Nov 2025

The case involves an appeal by Appellant (the corporate debtor) against Respondent (the financial creditor) concerning the rejection of the bank's app...

High Court

Bombay High Court Quashes Section 143(2) Notice Issued Beyond Time Limit in Income Tax Reassessment — Notice Issued After Expiry of Statutory Period Under Section 149 of Income Tax Act, 1961 Is Invalid.

23 Apr 2024

The petitioner, AMNS Khopoli Limited (formerly Uttam Galva Steels Limited), challenged a notice dated 31st May 2023 issued by the Assistant Commission...

Supreme Court

Supreme Court Allows Appeal in Arbitration Appointment Case: Limitation Period Not Extended by IBC Moratorium for Corporate Debtor's Own Application. Section 60(6) of IBC does not exclude limitation period for corporate debtor to file Section 11(6) application under Arbitration Act.

6 May 2022

The Supreme Court considered an appeal by the New Delhi Municipal Council (NDMC) against an order of the Delhi High Court appointing an arbitrator und...

Supreme Court

Supreme Court Allows Appeals Against NCLAT Remand in IBC Resolution Plan Dispute — Commercial Wisdom of Committee of Creditors Non-Justiciable. The court restored NCLT's approval of resolution plan under Section 31 of IBC, holding that viability and feasibility are business decisions not subject to judicial review.

4 Sep 2020

The case involves appeals by the financial creditor, Karad Urban Cooperative Bank Ltd., and the Resolution Professional against an order of the Nation...

High Court

High Court of Karnataka Dismisses Appeal by Corporate Debtor Against Banks in SARFAESI Act Proceedings — Civil Suit Barred Under Section 34 of SARFAESI Act as Alternative Remedy Under Section 17 Before DRT Exists.

29 Jan 2014

The appellant, Kingfisher Airlines Limited, a company registered under the Companies Act, 1956, had availed various credit facilities from a consortiu...

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...

Tribunals

NCLAT Partially Allows Appeal Against Bankruptcy Declaration, Holds SEBI Penalty as Excluded Debt Under IBC. Personal Guarantor's Bankruptcy Petition Admitted but SEBI Penalty Excluded from Discharge as 'Fine' Under Section 79(15)(a) of IBC.

30 Nov -0001

The appellant, Ms. G.V. Marry, was a personal guarantor to BRG Energy Ltd., a company incorporated in 2006 under the Companies Act, 1956. She filed an...

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