Search Results for "Corporate Insolvency Resolution Process"

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High Court

High Court Quashes Proceedings in Cheque Dishonour Case Due to External Account Freeze. Dishonour Attributable to Police Investigation Freeze Order, Not Insufficiency of Funds Under Section 138 of Negotiable Instruments Act, 1881, Rendering Proceedings Unsustainable.

4 Mar 2026

The dispute arose from a criminal petition filed by Petitioners and its directors seeking to quash proceedings under Section 138 of the Negotiable Ins...

Tribunals

NCLAT Allows Appeal by Financial Creditor in Insolvency Case — Loan Agreement and Default Proven, Adjudicating Authority Erred in Rejecting Application Under Section 7 of IBC, 2016. Loan advanced by NBFC to Corporate Debtor under Facility Agreement constitutes financial debt under Section 5(8) IBC, and Section 7 application filed within limitation period must be admitted.

3 Jul 2025

The present appeal was filed by M/s Lok Sewak Leasing & Investment Pvt. Ltd., a Non-Banking Financial Company (NBFC) registered with the Reserve Bank ...

Tribunals

National Company Law Appellate Tribunal Quashes Non-Reasoned Order of NCLT Hyderabad Dismissing Operational Creditor's Application Under Section 60(5) of Insolvency and Bankruptcy Code, 2016. Appellate Tribunal Holds That Adjudicating Authority Must Record Reasons When Deciding Civil Rights and Non-Speaking Order Is Unsustainable; Matter Remitted for Fresh Adjudication.

25 Apr 2025

The appeal arose from an order dated 07.05.2024 passed by the National Company Law Tribunal, Hyderabad Bench, rejecting an application filed by Kesari...

High Court

Demand for Tax Dues Prior to Acquisition Quashed Under IBC Provisions. Bombay High Court rules that tax dues from before the acquisition of a company under the Insolvency and Bankruptcy Code (IBC) cannot be recovered from the buyer of the assets during liquidation proceedings.

8 Oct 2024

The petitioner, sought to quash demand notices issued by the Gram Panchayat, Gowari, seeking recovery of outstanding tax dues pertaining to the period...

Supreme Court

Supreme Court Upholds Validity of Section 29A of the Insolvency and Bankruptcy Code, 2016, Disqualifying Related Parties of Corporate Debtors from Submitting Resolution Plans. The Court holds that the disqualification under Section 29A(c) applies to persons acting jointly or in concert with a disqualified person, and that the provision is not retrospective in operation.

3 Oct 2024

The Supreme Court of India delivered a landmark judgment on the interpretation and validity of Section 29A of the Insolvency and Bankruptcy Code, 2016...

Tribunals

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.

1 Oct 2024

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

Tribunals

NCLAT Dismisses Appeal Against Rejection of Section 9 Application Due to Pre-existing Dispute and Tampered Invoices. The Operational Creditor's claim for initiation of Corporate Insolvency Resolution Process was rejected as invoices showed tampered interest rate and payment terms, and payment of Rs. 10 Lakh after demand notice created a pre-existing dispute.

3 May 2024

The appeal was filed by Sanjay Sharma, Partner of MA Jagadamba Enterprises (Operational Creditor), against the order dated 30.11.2023 passed by the Na...

Supreme Court

Supreme Court Partly Allows Appeals in Execution Proceedings Against Directors Despite Moratorium Under Insolvency and Bankruptcy Code, 2016. The court held that moratorium under Section 14 IBC applies only to the corporate debtor, not to its directors, allowing execution to proceed against directors if they are otherwise liable under the National Consumer Disputes Redressal Commission order.

17 Jan 2024

The dispute arose from execution applications filed by homebuyers (appellants) to enforce an order of the National Consumer Disputes Redressal Commiss...

High Court

High Court of Judicature at Bombay Holds Writ Petition Not Maintainable Against Arbitrator's Order on Jurisdiction Under Section 16 and Order Appointing Arbitrator Under Section 11; Alternative Remedies U/S 34 and Article 136 Must Be Availed. The court found that an order under Section 11 is challengeable only before the Supreme Court under Article 136, and a Section 16 order can be contested after the award under Section 34, thus barring writ jurisdiction.

17 Oct 2023

This writ petition arose from a contractual dispute between Hindustan Petroleum Corporation Limited (HPCL), a government enterprise, and a joint ventu...

Supreme Court

Supreme Court Sets Aside NCLAT Order in Insolvency Appeal Due to Lack of Reasonable Opportunity of Hearing. The Court held that the appellant was deprived of a hearing as notice was undelivered and the order was passed in its absence after remand, restoring the matter to the Appellate Tribunal for fresh decision on merits under Section 9 of the Insolvency and Bankruptcy Code, 2016.

28 Mar 2022

The Supreme Court addressed an appeal concerning an order passed by the National Company Law Appellate Tribunal in an insolvency matter. The dispute o...

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