Search Results for "insolvency appeal"

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Search Results for "insolvency appeal"

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Supreme Court

Supreme Court Dismisses Appeal by Suspended Director in Insolvency Case Due to Incompetent Filing and Time-Barred Amendment. Appeal Filed in Corporate Debtor's Name by Suspended Director After Admission Was Wholly Incompetent Under Sections 16 and 17 of Insolvency and Bankruptcy Code, 2016, and Could Not Be Converted After Expiry of Limitation Period Under Section 61(2).

10 Apr 2026

The dispute originated from an application filed by Unox S.P.A., an operational creditor, under Section 9 of the Insolvency and Bankruptcy Code, 2016 ...

High Court

High Court of Karnataka Issues Writ of Mandamus to Direct Registration Authorities to Implement Bombay High Court's Order Declaring Insolvent's Transactions Void. Registration Authorities Under Registration Act, 1908 Bound to Give Effect to Binding Judicial Orders Under Article 226(2) of Constitution of India, Despite Territorial Differences, as Inaction Amounts to Wilful Disobedience.

27 Mar 2026

The dispute arose from a writ petition filed by Kotak Mahindra Bank Limited, a secured creditor of Electrex (India) Limited, against the State of Karn...

Supreme Court

Supreme Court Allows Promoter's Resolution Plan in IBC Case, Upholds CoC Approval Despite Pending Third-Party Applications. The Court held that the Resolution Professional's Letter of Intent was not conditional and that the Adjudicating Authority's approval of the plan was valid under Section 31 of the Insolvency and Bankruptcy Code, 2016.

1 Jan 2026

The present appeals arise from a Corporate Insolvency Resolution Process (CIRP) concerning M/s. Oracle Home Textiles Limited, initiated on 9th August ...

Tribunals

NCLAT Dismisses Appeal Against NCLT Order Closing Section 9 Application After Full Payment of Principal Amount. Consent Terms Not Adhered to Does Not Revive Insolvency Petition When Entire Principal and Substantial Interest Paid.

21 Mar 2025

The appeal was filed by United Futuristic Trade Impex Pvt. Ltd. (the Operational Creditor) against an order dated 22.01.2025 passed by the NCLT, Jaipu...

Supreme Court

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.

17 Mar 2025

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...

Tribunals

NCLAT Dismisses Appeal of Operational Creditor in IBC Section 9 Case — Pre-Existing Dispute Regarding Quality of Services Bars CIRP Initiation. The dispute regarding quality of transportation services raised by the Corporate Debtor prior to the demand notice constitutes a pre-existing dispute under Section 9 of the Insolvency and Bankruptcy Code, 2016, and the Adjudicating Authority correctly dismissed the application.

4 Sep 2024

The appeal was filed by Union Roadways Limited (Operational Creditor) against Ice Steel 1 Private Limited (Corporate Debtor) under Section 61 of the I...

Tribunals

NCLAT Allows Personal Guarantors' Appeals Against NCLT Order Dismissing Recall Applications in Section 95 IBC Insolvency Proceedings. The admission orders were passed without hearing the guarantors, violating natural justice, and the matters were remanded for fresh consideration.

19 Jul 2024

The case involves five appeals filed by personal guarantors (Tummala Sri Ganesh, Tummala Yugandhar, and others) against an order dated 19.07.2024 pass...

High Court

Bombay High Court Quashes Process in IBC Complaint for Lack of Jurisdiction — Sessions Court Cannot Try Offences Under IBC Without Notification Under Section 435 CrPC. The court held that the Additional Sessions Judge lacked jurisdiction to take cognizance of a complaint under Sections 73(a) and 235A of the Insolvency and Bankruptcy Code, 2016, as no notification under Section 435 of the CrPC had been issued conferring such jurisdiction.

14 Feb 2022

The petitioners, Satyanarayan Bankatlal Malu and Ramesh Satyanarayan Malu, filed a writ petition under Article 227 of the Constitution of India read w...

Supreme Court

Supreme Court Allows Appeals of Successful Resolution Applicant and Resolution Professional in IBC Case — Commercial Wisdom of CoC Upheld. NCLAT Order Set Aside as It Improperly Interfered with CoC's Decision to Accept H1 Bidder's Plan Despite Belated Revised Offer.

17 Dec 2021

The Supreme Court allowed the appeals filed by Ngaitlang Dhar (successful resolution applicant) and Amit Pareek (Resolution Professional) against the ...

High Court

Bombay High Court Quashes Bank's Wilful Defaulter Declaration for Violating Natural Justice. Show-cause notice lacking specific grounds renders the decision invalid under RBI Master Circular on Wilful Defaulters.

17 Jul 2019

The petitioners, Nitin Shah, Rahul Shah, and Kunal Shah, who were directors of Nitin Fire Protection Industries Ltd. (the corporate debtor under CIRP)...

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