Search Results for "insolvency appeal"

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Search Results for "insolvency appeal"

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Supreme Court

Supreme Court Dismisses Bank's Appeal in Insolvency Case — Holds Dispute Predominantly Contractual, Not a Straightforward Financial Debt Default Under IBC. The Court ruled that where loan disbursement is made directly to a builder under a quadripartite agreement and the corporate debtor's obligations are intertwined with the builder's performance, the transaction does not constitute a simple financial debt under Section 7 of the Insolvency and Bankruptcy Code, 2016.

7 May 2026

The Supreme Court dismissed the appeal filed by Dhanlaxmi Bank Limited against the order of the National Company Law Appellate Tribunal (NCLAT) which ...

High Court

High Court Allows Writ Petitions by Bank and Auction Purchaser, Quashing DRT Order Setting Aside Auction Sale. DRT Exceeded Jurisdiction by Granting Final Relief in Interim Application Under Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Despite Valid Auction Compliance with Rules.

24 Mar 2026

The dispute arose from an order passed by the Debt Recovery Tribunal-III, Mumbai (DRT) setting aside an auction sale conducted by HDFC Bank Limited an...

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...

High Court

Bombay High Court Dismisses Writ Petition Challenging Suspension of Resolution Professional for Lack of Due Diligence in CIRP. Disciplinary action by IBBI under Sections 30(2)(b), (e) and 208(2)(a), (e) of the Insolvency and Bankruptcy Code, 2016 upheld as proportionate.

16 Oct 2024

The petitioner, Vijendra Kumar Jain, was appointed as Resolution Professional (RP) for M/s. Transparent Energy System Pvt. Ltd. (Corporate Debtor) by ...

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...

Tribunals

NCLAT Dismisses Appeals Against Admission of Personal Insolvency Application Under Section 95(1) IBC — Guarantors' Challenge Fails Due to Debt Acknowledgment and Lack of Objection Before NCLT. The Tribunal held that the appeals were not maintainable as the appellants had acknowledged the debt and failed to raise any dispute before the Adjudicating Authority, and no infirmity was found in the impugned order.

30 Nov -0001

The National Company Law Appellate Tribunal (NCLAT), Chennai Bench, delivered a common judgment in two connected appeals filed by Mr. Rajesh Bhatia an...

Tribunals

NCLAT Dismisses Appeal by Financial Creditor Against IRP Fee Claim in Insolvency Case — Professional Fee of IRP Approved by CoC Must Be Paid by Corporate Debtor.

30 Nov -0001

The case involves an appeal filed by the Chief Manager of Canara Bank, the sole Financial Creditor of M/s S.V.K. Shipping Services Pvt. Ltd. (Corporat...

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