Search Results for "Corporate Insolvency Resolution Process"

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Supreme Court Allows Appeal in IBC Section 7 Application — Cumulative Redeemable Preference Shares Held as Debt, Not Investment. The Court held that CRPS constitute a debt under Section 3(11) of IBC, 2016, and the appellant is a financial creditor entitled to file an application under Section 7.

The appeal arises from the dismissal of the appellant's application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) by the NCLT and ...

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High Court of Karnataka Allows Appeal in Central Excise Case Due to Abatement Under Section 35G of Central Excise Act, 1944 — Settlement Under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 Renders Proceedings Infructuous and Extinguishes Liability.

The appellant, M/s Patanjali Foods Limited (formerly Ruchi Soya Industries Ltd), filed an appeal under Section 35G of the Central Excise Act, 1944, ch...

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Bombay High Court Allows SEBI's Appeal Against Interim Order Restraining Adjudication Proceedings. Civil Suit Against SEBI Held Not Maintainable Due to Alternative Remedy Under SEBI Act, 1992.

The case involves an appeal by the Securities and Exchange Board of India (SEBI) against an interim order passed by a Single Judge of the Bombay High ...

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NCLAT Allows Appeal Against Rejection of Claim by RP in CIRP of Sovereign Industries Ltd. — Claimant's Right to File Claim Before Adjudicating Authority Not Barred by Limitation Under IBC. The NCLAT held that acknowledgment of debt in balance sheets extends limitation and the RP's rejection was erroneous.

The case involves an appeal by Mr. Bhagawant Narayan Naik against the rejection of his claim by the Resolution Professional (RP) of Sovereign Industri...

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NCLAT Upholds Preferential Transaction Findings in Insolvency Case — Two Transactions Totaling Rs. 1.60 Crore Held as Preferential Under Section 43 of IBC, 2016. The Tribunal Confirms That Payments Made to Related Parties During the Look-Back Period Are Voidable and Must Be Reversed.

The case involves an appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016, filed by H.P. Arun Kumar, C.M. Nagaraj, and Usha (Appellants...

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NCLAT Chennai Dismisses Appeals by Suspended Directors Against CIRP Initiation Under IBC — Limitation Period for Section 7 Application Computed from Date of Default, Not Date of NPA Classification. Acknowledgment of Debt in Balance Sheets Extends Limitation Under Section 18 of Limitation Act.

The judgment pertains to two appeals filed by suspended directors of M/s. Sri Pavana Keerthi Hotels India Private Limited (Corporate Debtor) against t...