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Bombay High Court Allows Borrowers' Challenge Against DRT Orders Rejecting Interim Relief Despite Pending IBC Section 95 Petition. Interim Moratorium Under Section 96 IBC Bars Continuation of Securitisation Proceedings During Pendency of Insolvency Petition.

The petitioners, M/s. Kapole Advertising Agency and others, were the original borrowers who had approached the Bombay High Court challenging two order...

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High Court of Karnataka Allows Liquidator's Appeal, Upholds Forfeiture of EMD and PDM for Default by Successful Bidder in Liquidation Sale. Writ Petitioner's Failure to Pay Balance Sale Consideration Within Stipulated Time Justified Forfeiture Under IBC Regulations.

The appellant, Sri Pankaj Srivastava, Liquidator of M/s Samrudhi Realty Ltd., appealed against an order dated 12.12.2024 passed by a learned Single Ju...

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NCLAT Allows Settlement and Disposes of Appeal Against CIRP Admission Under Section 7 of IBC. The appeal against admission of corporate debtor into CIRP was settled between the director and the financial creditor, leading to setting aside of the NCLT order.

The case involves an appeal filed by Smt. Kandala Vijaya, Director of the suspended board of Deepika Infratech Private Limited, against an order dated...

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NCLAT Dismisses Appeal of Successful Resolution Applicant Against Conditions in Resolution Plan Implementation Order. Tribunal upholds NCLT's authority to impose conditions for enforcement of resolution plan under Section 61(3) of Insolvency and Bankruptcy Code, 2016.

The appellant, M/s. Rocksand Minerals Private Limited, a successful resolution applicant, filed an appeal under Section 61(3) of the Insolvency and Ba...

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NCLAT Allows Appeal Against Exclusion of Personal Guarantors from CoC in CIRP of Corporate Debtor — Re-constitution of Committee of Creditors Set Aside. Personal Guarantors Are Not Members of Committee of Creditors Under Section 21(2) of Insolvency and Bankruptcy Code, 2016.

The National Company Law Appellate Tribunal (NCLAT) heard an appeal against an order of the Adjudicating Authority (NCLT, Chandigarh Bench) dated 01.0...

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Supreme Court Allows Appeal in Insolvency Case: Income Tax Demands Not Raised Before Resolution Plan Approval Stand Extinguished. Claims for Assessment Years 2012-13 and 2013-14 Not Part of Approved Resolution Plan Cannot Be Enforced Under Section 31 of Insolvency and Bankruptcy Code, 2016.

The appeal arose from the approval of a Resolution Plan for M/s. Tehri Iron and Steel Casting Ltd. under the Insolvency and Bankruptcy Code, 2016. The...

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NCLAT Dismisses Appeal Against CIRP Admission as Withdrawn. Shareholder's Challenge to Section 7 IBC Initiation on Grounds of Malicious Intent Under Section 65 IBC Not Maintainable as Appeal Was Withdrawn.

The appellant, Dr. Aveena Gudapati, filed an appeal before the National Company Law Appellate Tribunal (NCLAT) at Chennai challenging an order dated 2...

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NCLAT Dismisses ED's Appeal as Time-Barred in IBC Resolution Plan Approval Case — Delay of 62 Days Not Condoned Due to Lack of Sufficient Cause.

The Directorate of Enforcement (ED) filed an appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016 (IBC) challenging an order dated 07.0...