Search Results for "Corporate Insolvency"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Supreme Court Disposes Appeal by Consent Appointing Arbitrator in MSME Dispute, ...
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Search Results for "Corporate Insolvency"

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Supreme Court

Supreme Court Dismisses Bank's Appeal in Insolvency Case — Holds Dispute Predominantly Contractual, Not a Straightforward Financial Debt Default Under IBC. The Court ruled that where loan disbursement is made directly to a builder under a quadripartite agreement and the corporate debtor's obligations are intertwined with the builder's performance, the transaction does not constitute a simple financial debt under Section 7 of the Insolvency and Bankruptcy Code, 2016.

7 May 2026

The Supreme Court dismissed the appeal filed by Dhanlaxmi Bank Limited against the order of the National Company Law Appellate Tribunal (NCLAT) which ...

Tribunals

NCLAT Dismisses Appeal of Successful Auction Purchaser in IBC Liquidation Sale Dispute — Clarification of Sale Certificate Rejected. The Appellate Tribunal held that the Liquidator's issuance of sale certificate without mentioning the date of handing over possession does not entitle the auction purchaser to seek modification of the certificate after confirmation of sale.

6 Jan 2025

The appellant, M/s. Sri Vethaa Dairy Private Limited, was the successful auction purchaser in the liquidation process of M/s. GHO Agro Private Limited...

Supreme Court

Supreme Court Dismisses Appeal by Operational Creditor in IBC Resolution Plan Challenge — Commercial Wisdom of Committee of Creditors Upheld. Noida Special Economic Zone Authority's claim for full admitted dues rejected as Resolution Plan approved by CoC and NCLT stands, with IBC overriding SEZ Act.

18 Nov 2024

The case involves an appeal by Noida Special Economic Zone Authority (NSEZ Authority), an operational creditor, against the approval of a resolution p...

Supreme Court

Supreme Court Reverses High Court in SICA Case on Unsecured Creditor Rights - Sanctioned Rehabilitation Scheme Binding on All Creditors. Court held that under Sections 18(8) and 32 of Sick Industrial Companies (Special Provisions) Act, 1985, unsecured creditors cannot opt out of scaled-down payments and must accept scheme terms for company revival.

17 Mar 2023

The Supreme Court addressed a group of appeals concerning the binding effect of rehabilitation schemes sanctioned under the Sick Industrial Companies ...

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 ...

Supreme Court

Supreme Court Dismisses Appeal in SARFAESI Act Case on Jurisdictional Grounds. Civil Suit Barred Under Section 34 as Debt Recovery Tribunal Has Exclusive Authority Over Securitisation Matters, Despite Allegations of Fraud in Assignment Agreement.

26 Nov 2021

The dispute arose from a loan agreement dated 26.07.2011, where the appellant acted as a guarantor for a corporate debtor. After the corporate debtor ...

High Court

Bombay High Court Considers Quashing of Process Issued Under Section 138 NI Act Against Directors Due to Insolvency Moratorium and Insufficient Averments. Complaint Did Not Specify Role of Each Director and Cheques Were Presented After Moratorium Order Under the Insolvency and Bankruptcy Code, 2016.

31 Aug 2018

Background: Two criminal applications under Section 482 CrPC were filed by nine directors of M/s. Amtek Auto Ltd. seeking quashing of process orders i...

Tribunals

NCLAT Allows Section 95 Application Against Personal Guarantor Despite Pending DRT Proceedings — Guarantee Invocation Notice and DRT Recovery Certificate Constitute Debt Under IBC. The NCLAT held that the Adjudicating Authority erred in rejecting the Section 95 application on the ground that the guarantee invocation notice and DRT recovery certificate do not constitute a debt under Section 3(10) of the IBC, 2016.

30 Nov -0001

The National Company Law Appellate Tribunal (NCLAT) heard two appeals filed by IDBI Bank Ltd. against orders of the NCLT, Indore Special Bench, reject...

Tribunals

NCLAT Dismisses Appeal of Successful Resolution Applicant Seeking Stay of Liquidation — Failure to Deposit Balance Amount Within Extended Time Justifies Rejection of Relief. The appellant, a resolution applicant, failed to deposit the balance amount of Rs.9,37,50,000/- despite extension of time, leading to dismissal of appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016.

30 Nov -0001

The appellant, Mr. C. Sivasami, was the successful resolution applicant and promoter of M/s. Topknit Processing Mills Pvt. Ltd., the corporate debtor....

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 ...

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