Search Results for "Insolvency and Bankruptcy Code"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
High Court of Bombay at Bombay Dismisses Insurance Company's Appeal in Motor Acc...
Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Ac...
High Court of Karnataka Allows EPF Organisation's Writ Petition for Priority Pay...

Search Results for "Insolvency and Bankruptcy Code"

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Tribunals

NCLAT Dismisses Appeals Challenging Admission of Section 7 Application by Allottees Against Corporate Debtor. The Tribunal upheld the NCLT order allowing impleadment of allottees and admitting the insolvency petition under Section 7 of the Insolvency and Bankruptcy Code, 2016, as default was established.

30 Nov -0001

The judgment pertains to two appeals filed against an order dated 04.03.2024 passed by the National Company Law Tribunal (NCLT), New Delhi Principal B...

Supreme Court

Supreme Court Allows Appeal in IBC Moratorium Case — CIRP Moratorium Under Section 14 IBC Does Not Bar Statutory Authorities from Processing Development Approvals for Redevelopment of Society Land Where Corporate Debtor is Developer. The Court Modified High Court's Mandamus to Direct Consideration, Not Grant, of Permissions.

1 Jan 2025

The Supreme Court allowed an appeal against the Bombay High Court's judgment that had directed statutory authorities to grant permissions for redevelo...

Tribunals

NCLAT Upholds Admission of CIRP Against Corporate Debtor Under Section 7 of IBC, 2016 — Asset Reconstruction Company Held to be Financial Creditor and Application Not Barred by Limitation.

30 Nov -0001

The appeal was filed by the suspended director of M/s. Sri Pavana Keerthi Hotels India Private Limited (Corporate Debtor) against the order of the Nat...

Tribunals

NCLAT Allows Section 95 Application Against Personal Guarantors in IBC Case — Limitation Period for Filing Application Under Section 95 Commences from Date of Default in Demand Notice Under Guarantee Contract, Not from Date of NCLT Order Admitting Corporate Debtor. The court held that the limitation for filing an application under Section 95 of the Insolvency and Bankruptcy Code, 2016 against a personal guarantor runs from the date of default in the demand notice under the guarantee contract, and not from the date of the NCLT order admitting the corporate debtor.

22 Oct 2024

The National Company Law Appellate Tribunal (NCLAT) at Chennai, by a common judgment dated 22.10.2024, allowed two appeals filed by the State Bank of ...

Supreme Court

Supreme Court Allows Appeal in Insolvency Case, Quashing Stay on Termination of Facilities Agreement. The Court held that Section 14 of the Insolvency and Bankruptcy Code, 2016, does not apply to a service recipient, and the NCLT's jurisdiction under Section 60(5)(c) does not extend to contractual termination disputes unrelated to insolvency resolution.

23 Nov 2021

The appeal arose from a judgment of the National Company Law Appellate Tribunal dated 24 June 2020, which upheld an interim order of the National Comp...

Tribunals

NCLAT Partially Allows Appeal Against Bankruptcy Declaration, Holds SEBI Penalty as Excluded Debt Under IBC. Personal Guarantor's Bankruptcy Petition Admitted but SEBI Penalty Excluded from Discharge as 'Fine' Under Section 79(15)(a) of IBC.

30 Nov -0001

The appellant, Ms. G.V. Marry, was a personal guarantor to BRG Energy Ltd., a company incorporated in 2006 under the Companies Act, 1956. She filed an...

Supreme Court

Supreme Court Allows Secured Creditor's Winding Up Petition Despite DRT Decree — Recovery of Debts Act Does Not Bar Winding Up Proceedings Under Companies Act. Secured Creditor Need Not Relinquish Security Before Admission of Winding Up Petition; Election Arises Only After Winding Up Order Under Section 529 Companies Act, 1956.

29 Jan 2019

The case involves the right of a secured creditor, Kotak Mahindra Bank Ltd., to file a winding up petition under the Companies Act, 1956, after having...

Supreme Court

Supreme Court Restores Personal Insolvency Proceedings Against Personal Guarantor – High Court’s Judicial Review Set Aside

20 Feb 2025

Interpretation of Insolvency and Bankruptcy Code, 2016 – Limits of High Court’s Jurisdiction Under Article 226 of the Constitution of India The S...

Supreme Court

Supreme Court Clarified the Scope of Interim Moratorium under Section 96 of the Insolvency and Bankruptcy Code, 2016 – Held That Regulatory Penalties Imposed by the Consumer Protection Act, 1986, Are Not Covered

4 Mar 2025

Invoking Insolvency Proceedings Cannot stay execution of Penalty Orders for Consumer Protection Law Violations – The Apex Court Upheld the NCDRC’s...

Supreme Court

Supreme Court Allows Appeal in Part on Operational Creditor Status but Upholds Dismissal on Limitation in Insolvency Case. The court held that a purchaser does not qualify as an operational creditor under Section 5(20) of the Insolvency and Bankruptcy Code, 2016, and the application under Section 9 was barred by limitation due to debt arising from 2013 transactions.

4 Feb 2022

The appeal arose from a dispute under the Insolvency and Bankruptcy Code, 2016, involving the appellant, Consolidated Construction Consortium Limited,...

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