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Search Results for "CIRP"

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Tribunals

NCLAT Allows Appeal by Financial Creditor in Insolvency Case — Loan Agreement and Default Proven, Adjudicating Authority Erred in Rejecting Application Under Section 7 of IBC, 2016. Loan advanced by NBFC to Corporate Debtor under Facility Agreement constitutes financial debt under Section 5(8) IBC, and Section 7 application filed within limitation period must be admitted.

3 Jul 2025

The present appeal was filed by M/s Lok Sewak Leasing & Investment Pvt. Ltd., a Non-Banking Financial Company (NBFC) registered with the Reserve Bank ...

Tribunals

NCLAT Dismisses Appeal by Suspended Director Against Admission of Section 9 Petition for Manpower Supply Services. Operational Creditor's claim upheld as debt and default were established, and no pre-existing dispute existed.

21 Mar 2025

The appeal was filed by a suspended director of Sahara Hospitality Ltd. (Corporate Debtor) against the order of the National Company Law Tribunal, Mum...

Tribunals

NCLAT Allows Secured Creditor's Appeal Against Contribution Order in IBC Liquidation — Secured Creditor Realizing Security Under Section 52 Not Liable to Contribute to Workmen's Dues or Liquidation Costs. The court held that the waterfall mechanism under Section 53 IBC does not apply to secured creditors who opt out of the liquidation process, and Section 226(1)(b) of Companies Act, 2013 is inapplicable.

14 Jan 2025

The appeal was filed by Cosmos Co-Operative Bank Ltd., a secured creditor of Pandit Automotive Pvt. Ltd. (corporate debtor), challenging an order of t...

Tribunals

NCLAT Allows Personal Guarantor's Appeal in Insolvency Case — Remands for Fresh Consideration of Section 94 Application. The Tribunal held that the Adjudicating Authority erred in dismissing the CP without considering the merits of the application under Section 94 of the Insolvency and Bankruptcy Code, 2016.

1 Jan 2025

The present appeal was filed by Syed Sirajis Salikin Khadri, the personal guarantor of Infra Dredge Services Private Limited, against an order dated 0...

Tribunals

NCLAT Dismisses Appeal Against NCLT Order in IBC Case for Lack of Reasons — Appellant Failed to Show Prejudice from Impugned Order. The appeal under Section 61 of IBC was dismissed as the appellant did not demonstrate any prejudice caused by the non-speaking order.

12 Sep 2024

The appellant, Dr. Yartagadda Krishna Mohan, filed a Company Appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016 before the National C...

Tribunals

NCLAT Allows Appellant to Deposit Rs. 5.20 Crores in No Lien Account for OTS Settlement in Insolvency Appeal. The court directed the appellant to deposit the amount within two weeks and the bank to consider it against the OTS dated 28.03.2023.

10 Jun 2024

This appeal was filed by Geeta Singh against Canara Bank (formerly Syndicate Bank) and another respondent, challenging the impugned order dated 31.05....

Tribunals

NCLAT Allows Appeals Against Rejection of Claims in CIRP, Remands for Fresh Consideration. The Tribunal held that the Resolution Professional must consider claims on merits after giving the claimants a fair hearing.

3 Jun 2024

The National Company Law Appellate Tribunal (NCLAT), Chennai bench, disposed of three company appeals (Nos. 231, 233 & 235 of 2025) filed under Sectio...

Tribunals

NCLAT Upholds Contempt Against Customs and Port Officials for Non-Compliance with Order to Release Goods of Corporate Debtor in Liquidation. Failure to Release Imported Machinery Despite Specific Direction Constitutes Wilful Disobedience Under Contempt of Courts Act, 1971.

9 May 2024

The case involves an appeal against an order of contempt passed by the National Company Law Tribunal (NCLT) against Ravi Kiran Saladi Konda (Deputy Tr...

Tribunals

NCLAT Dismisses Appeal of Operational Creditor Seeking Performance Pay Under IBC — Claim for Performance Pay Not an 'Operational Debt' Under Section 5(21) of IBC, 2016 as It Is Discretionary and Not Based on Provision of Goods or Services.

30 Nov -0001

The appeal was filed by M. Ramakanth, an operational creditor, against the order of the National Company Law Tribunal, Hyderabad, which dismissed his ...

Tribunals

NCLAT Dismisses Liquidator's Appeal Seeking Return of Bank Guarantees and Margin Money Post-Invocation. Bank Guarantee Invocation Extinguishes Both Margin Money and Bank's Liability, Liquidator Cannot Claim Refund.

30 Nov -0001

The case involves an appeal by Mr. Rajendra Prasad Tak, the Liquidator of M/s. KVK Nilachal Power Pvt. Ltd. (Corporate Debtor), against an order of th...

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