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Supreme Court Dismisses Appeal by Operational Creditor in IBC Resolution Plan Challenge — Commercial Wisdom of Committee of Creditors Upheld. Noida Special Economic Zone Authority's claim for full admitted dues rejected as Resolution Plan approved by CoC and NCLT stands, with IBC overriding SEZ Act.

The case involves an appeal by Noida Special Economic Zone Authority (NSEZ Authority), an operational creditor, against the approval of a resolution p...

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Supreme Court Refers Group of Companies Doctrine to Larger Bench in Arbitration Dispute Over Software Agreement. Questions validity of applying the doctrine to bind non-signatory parent company to arbitration under Sections 8, 11, 35, and 45 of the Arbitration & Conciliation Act, 1996.

The petitioner, Cox & Kings Ltd., filed a petition under Section 11(6) read with Section 11(12)(a) of the Arbitration & Conciliation Act, 1996, seekin...

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NCLAT Dismisses Appeal of Operational Creditor in IBC Section 9 Case Due to Pre-Existing Dispute. Claim for unpaid invoices rejected as Corporate Debtor raised genuine quality dispute before demand notice.

The case involves an appeal filed by APL Apollo Tubes Limited (Operational Creditor) against the rejection of its application under Section 9 of the I...

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Supreme Court Allows Appeal by Insolvency and Bankruptcy Board of India in Jurisdictional Dispute Over Trial of IBC Offences. Held that Reference to Special Court under Chapter XXVIII of Companies Act, 2013 in Section 236(1) IBC is Legislation by Incorporation, Not Affected by Subsequent Amendment.

The appeal arises from a challenge by the Insolvency and Bankruptcy Board of India (IBBI) against the judgment of the Bombay High Court quashing the o...

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Supreme Court Allows Appeal in Insolvency Case: Income Tax Demands Not Raised Before Resolution Plan Approval Stand Extinguished. Claims for Assessment Years 2012-13 and 2013-14 Not Part of Approved Resolution Plan Cannot Be Enforced Under Section 31 of Insolvency and Bankruptcy Code, 2016.

The appeal arose from the approval of a Resolution Plan for M/s. Tehri Iron and Steel Casting Ltd. under the Insolvency and Bankruptcy Code, 2016. The...