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NCLAT Dismisses Appeal Against Assignment of Debt by Government Authority in CIRP. Assignment of operational debt by a government authority to a private entity is valid under the IBC, and the assignee becomes an operational creditor with voting rights in the CoC.

The appeal was filed by Ellison Oil Field Services Pvt. Ltd. against an order of the NCLT, Mumbai Bench 1 dated 21.08.2024, which dismissed an applica...

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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.

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 ...

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Supreme Court Dismisses Lessee's Claim for Damages in Wild Life Sanctuary Case — No Right to Compensation Without Acquisition. Notification Under Section 18 of Wild Life (Protection) Act, 1972 Does Not Confer Right to Damages for Loss of Use.

The Supreme Court dismissed the appeal filed by M/s Natesan Agencies (Plantations), a partnership firm, against the judgment of the Madras High Court ...

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Supreme Court Sets Aside NCLAT Order for Violation of Natural Justice in IBC Section 7 Proceedings. The Court held that failure to serve notice under Rule 48 of NCLAT Rules, 2016, vitiated the proceedings and remanded the matter for fresh hearing.

The appeal arose from an order of the National Company Law Appellate Tribunal (NCLAT) dated 08.02.2019, which set aside the order of the National Comp...

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NCLAT Upholds Preferential Transaction Findings in Insolvency Case — Two Transactions Totaling Rs. 1.60 Crore Held as Preferential Under Section 43 of IBC, 2016. The Tribunal Confirms That Payments Made to Related Parties During the Look-Back Period Are Voidable and Must Be Reversed.

The case involves an appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016, filed by H.P. Arun Kumar, C.M. Nagaraj, and Usha (Appellants...

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NCLAT Dismisses Appeal Against Approval of Resolution Plan for Lack of Standing — Appellant Not an Aggrieved Person Under Section 61 of IBC, 2016. The appellant, not being a party to the CIRP and whose claim was not admitted, lacks locus standi to challenge the order approving the resolution plan.

The case involves an appeal filed by Boorugu Infra Projects Private Limited in consortium with Vishwanath Projects Limited against the order of the Na...