Search Results for "moratorium under IBC"

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Search Results for "moratorium under IBC"

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Supreme Court

Supreme Court Dismisses Appeals by Liquidators Challenging Benami Act Attachment Orders, Upholds NCLAT Ruling that IBC Authorities Lack Jurisdiction to Entertain Challenges to Benami Act Orders During Insolvency Proceedings

24 Feb 2026

The Supreme Court dismissed a batch of civil appeals filed by liquidators challenging provisional attachment orders issued under the Prohibition of Be...

Tribunals

National Consumer Disputes Redressal Commission Dismisses Appeal Seeking Substitution of Director in Consumer Execution Proceedings During CIRP. Moratorium under Section 14 of IBC does not bar substitution of director as the corporate debtor remains liable.

23 Jun 2025

The case involves an appeal filed by Sudheschandra Gupta against an order dated 01.10.2021 of the State Consumer Disputes Redressal Commission, Mahara...

Supreme Court

Supreme Court Dismisses Appeal in MSME Arbitration Execution Dispute, Upholding High Court's Ruling on Nullity Plea and Jurisdiction. Arbitral Award Remains Executable Despite Insolvency Resolution Plan Approving Claim at Nil, as Facilitation Council's Jurisdiction Not Extinguished Under Section 31 Insolvency and Bankruptcy Code, 2016.

21 Apr 2025

The appeal arose from a dispute under the Micro, Small and Medium Enterprises Development Act, 2006 (MSME Act), where the respondent filed claim petit...

High Court

Delhi High Court Allows Arbitration Against Guarantors Despite Moratorium Under Section 96 of IBC — Moratorium Does Not Extend to Co-Guarantors Not Covered by NCLT Orders. The court held that the moratorium under Section 96 is debt-centric and personal to the debtor, and does not bar proceedings against other co-guarantors.

20 Jun 2024

The petitioner, a finance company, granted channel finance facility to Sterling Motor Company (SMC), a proprietorship of Tarun Kapoor. Tarun Kapoor, P...

Supreme Court

Supreme Court Allows Set-Off Claim in Corporate Insolvency Resolution Process Under Insolvency and Bankruptcy Code, 2016. The court held that set-off is permissible during CIRP as it promotes efficiency and equity, and the moratorium under Section 14 does not automatically prohibit such adjustments when claims arise from mutual and connected transactions.

3 Jan 2024

The appeal before the Supreme Court involved a dispute between Bharti Airtel Limited and Bharti Hexacom Limited (Airtel entities) and Aircel Limited a...

Supreme Court

Supreme Court Allows Appellant in Sabka Vishwas Scheme Case Due to Moratorium Under IBC. Payment Delay Caused by Legal Disability Under Section 14 IBC, Designated Committee Directed to Accept Payment and Issue Discharge Certificate Under Finance Act, 2019 Scheme.

5 Jan 2023

The dispute arose from the appellant company's inability to pay a settlement amount of Rs.1,24,28,500/- under the Sabka Vishwas (Legacy Dispute Resolu...

Supreme Court

Supreme Court Dismisses Operational Creditor's Appeal in Insolvency Case Due to Limitation and Pre-existing Dispute. Application Under Section 9 of Insolvency and Bankruptcy Code, 2016 Barred as Cause of Action Accrued in 2011-2012 and Dispute Over Gas Supply Existed, Excluding Suspension Period Under Sick Industrial Companies (Special Provisions) Act, 1985 Not Applicable.

4 Jan 2023

The appeal arose from the dismissal of an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 by the National Company Law Tribunal...

Supreme Court

Supreme Court Allows Appeal of Paschimanchal Vidyut Vitran Nigam Ltd. in Insolvency Case — Holds That Statutory Charge Under Electricity Supply Agreement Survives Liquidation and Must Be Respected Under IBC. The Court ruled that a charge created under Section 53 of the Electricity Act, 2003 read with contractual terms is not extinguished by the moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016, and the liquidator must treat the appellant as a secured creditor.

1 Jan 2023

The appellant, Paschimanchal Vidyut Vitran Nigam Ltd. (PVVNL), a state electricity distribution company, entered into an electricity supply agreement ...

Tribunals

NCLAT Allows Appeal by Central Transmission Utility of India Ltd. Against NCLT Order Restraining Termination of Transmission Service Agreement During CIRP. The Appellate Tribunal held that the moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016 does not bar termination of a contract for pre-CIRP defaults by the corporate debtor, and that the Resolution Professional cannot compel performance of a contract that has been validly terminated prior to the moratorium.

30 Jun 2021

The appeal was filed by Central Transmission Utility of India Ltd. (CTUIL) against an order of the National Company Law Tribunal (NCLT), Hyderabad, da...

Supreme Court

Supreme Court Allows Appeal in Insolvency Case Under IBC, Holds Prior Consent Under Section 16G of Tea Act Required for Initiation of CIRP Against Tea Gardens Under Central Government Management. The court ruled that the Tea Act, 1953, being a special legislation, requires prior consent of the Central Government for initiating insolvency proceedings under Section 9 of the IBC against a corporate debtor whose tea gardens are under government management.

4 Oct 2019

The case involves a dispute between Duncans Industries Ltd. (the appellant/corporate debtor) and A. J. Agrochem (the respondent/operational creditor) ...

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