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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.

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

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Supreme Court Allows Appeal in NI Act Case Due to Moratorium Under IBC — Cause of Action Arose After Insolvency Commencement. Director of Corporate Debtor Cannot Be Prosecuted Under Section 138 NI Act When Cause of Action Arose After Moratorium Under Section 14 IBC.

The Supreme Court allowed the appeal filed by a director of a corporate debtor against the order of the Punjab and Haryana High Court dismissing his p...

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Supreme Court Allows Appeal in Arbitration Appointment Case — Withdrawal of Section 11 Petition Does Not Bar Fresh Application Under IBC. Order 23 Rule 1 CPC Not Applicable to Arbitration Petitions; Section 9 IBC and Section 11 Arbitration Act Seek Different Reliefs.

The Supreme Court allowed the appeal filed by M/s HPCL Bio-Fuels Ltd. against the judgment of the Bombay High Court which had appointed a sole arbitra...

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NCLAT Dismisses Appeal of Successful Resolution Applicant Seeking Stay of Liquidation Order. Failure to Deposit Balance Amount Within Stipulated Time Leads to Forfeiture of Right to Seek Extension.

The Appellant, Mr. C. Sivasami, was the successful resolution applicant and promoter of M/s. Topknit Processing Mills Pvt. Ltd., the Corporate Debtor....

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Supreme Court Dismisses Appeal of NTPC Ltd. Regarding Classification of Claim in Information Memorandum Under IBC. Claim Pending Arbitration Correctly Classified as Other Creditor Claim, Not Operational Creditor Claim.

The Supreme Court disposed of a civil appeal filed by NTPC Ltd. (Simhadri Project) against Rajiv Chakraborty, the Resolution Professional. The limited...

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Supreme Court Finds Reliance Companies Guilty of Contempt for Breach of Undertakings to Pay INR 550 Crore to Ericsson India Pvt. Ltd. The court held that the undertakings making payment conditional upon sale of assets were contrary to the court's order and constituted wilful disobedience.

The Supreme Court of India dealt with three contempt petitions filed by Ericsson India Pvt. Ltd. against Reliance Communications Ltd., Reliance Teleco...