Search Results for "insolvency appeal"

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Search Results for "insolvency appeal"

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Tribunals

NCLAT Allows Section 7 Petition in Insolvency Case Due to Acknowledgment of Debt in Balance Sheets and Emails. Repeated acknowledgment of debt by Corporate Debtor in balance sheets and emails extends limitation period under Section 18 of Limitation Act, 1963, saving the petition from being time-barred.

3 Jul 2025

The case involves an appeal filed by Akzo Nobel India Ltd. (Financial Creditor) against Stan Cars Pvt. Ltd. (Corporate Debtor) under Section 61 of the...

Supreme Court

Supreme Court Allows Appeal by Insolvency and Bankruptcy Board of India in Jurisdictional Dispute Over Trial of IBC Offences. Held that Reference to Special Court under Chapter XXVIII of Companies Act, 2013 in Section 236(1) IBC is Legislation by Incorporation, Not Affected by Subsequent Amendment.

29 Apr 2024

The appeal arises from a challenge by the Insolvency and Bankruptcy Board of India (IBBI) against the judgment of the Bombay High Court quashing the o...

Supreme Court

Supreme Court Allows Appeals in IBC Financial Creditor Classification Case — Security Deposit for Sales Promotion Not a Financial Debt. Held that a security deposit paid under a service agreement for sales promotion does not constitute a financial debt under Section 5(8) of the Insolvency and Bankruptcy Code, 2016, as there is no disbursal for time value of money or commercial effect of borrowing.

25 Apr 2024

The Supreme Court allowed appeals against NCLAT judgments that classified security deposits paid by sales promoters as financial debts under the Insol...

High Court

High Court of Karnataka Quashes Land Tribunal Order for Violation of Natural Justice in Occupancy Certificate Proceedings. Land Tribunal's order set aside as it was passed without notice to petitioners and without considering their objections under the Karnataka Land Reforms Act, 1961.

4 Apr 2024

The petitioners, who are agriculturists, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 30.1...

Supreme Court

Supreme Court Allows Appeals Against NCLAT Order Restricting Committee of Creditors to Single Project in CIRP of Supertech Ltd. — Interim Directions Issued for Consideration of Resolution Plans. The NCLAT's order converting the CIRP into a project-wise insolvency process was challenged as being contrary to the IBC, and the Supreme Court directed that offers from resolution applicants be considered pending final disposal.

11 May 2023

The Supreme Court of India heard three civil appeals arising from orders of the National Company Law Appellate Tribunal (NCLAT) in the corporate insol...

Supreme Court

Supreme Court Allows Appeal in Insolvency Case Due to Absence of Financial Debt Against Pledgor. Petition Under Section 7 IBC Not Maintainable as No Disbursement Was Made to Corporate Debtor, and Pledge Alone Does Not Constitute Financial Debt Under Section 5(8) of Insolvency and Bankruptcy Code, 2016.

22 Sep 2022

The appeal arose from a judgment of the National Company Law Appellate Tribunal (NCLAT) dismissing an appeal against an order of the Adjudicating Auth...

Supreme Court

Supreme Court Dismisses Appeal in Insolvency Limitation Dispute, Upholding NCLAT's Remand for Admission After Notice. The Court held that limitation for applications under Sections 7 and 9 of the Insolvency and Bankruptcy Code, 2016 runs from the date of default, not the Code's enforcement, and delay can be condoned under Section 5 of the Limitation Act, 1963 upon showing sufficient cause.

19 Sep 2022

The appeal arose from a dispute between M/s Tech Sharp Engineers Pvt. Ltd. (appellant/corporate debtor) and Sanghvi Movers Limited (respondent/operati...

Supreme Court

Supreme Court Allows Appeal in Arbitration Appointment Case: Limitation Period Not Extended by IBC Moratorium for Corporate Debtor's Own Application. Section 60(6) of IBC does not exclude limitation period for corporate debtor to file Section 11(6) application under Arbitration Act.

6 May 2022

The Supreme Court considered an appeal by the New Delhi Municipal Council (NDMC) against an order of the Delhi High Court appointing an arbitrator und...

Tribunals

NCLAT Hears Appeal Against NCLT Order in Byju's Insolvency Case — NCLT Set Aside CoC Reconstitution and Reclassification of Creditor. Appeal Filed by Suspended Director and Promoter Under Section 61 of IBC Challenges Validity of NCLT Directions.

30 Nov -0001

The appeal was filed by Byju Raveendran, the suspended director and promoter of M/s Think and Learn Pvt. Ltd., under Section 61 of the Insolvency and ...

Tribunals

NCLAT Allows Appeal of Operational Creditor in IBC Liquidation Case — Reinstates Claim for Unpaid Invoices Despite Delay in Filing. The Tribunal held that the Adjudicating Authority erred in rejecting the claim solely on the ground of delay without considering the merits of the claim and the provisions of the Insolvency and Bankruptcy Code, 2016.

30 Nov -0001

The appeal was filed by M/s. FLSmidth Private Limited, an Operational Creditor, against the order of the National Company Law Tribunal (NCLT), Hyderab...

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