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Search Results for "IRP costs"

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High Court

High Court of Judicature at Bombay Adjudicated Interim Application for Summary Judgment in Commercial Admiralty Suit Seeking Recovery of Port, Berthing, Salvage, and Associated Charges Against a Vessel. Summary Judgment Sought Under Order XIII-A Read with Order XII Rule 6 of Code of Civil Procedure, 1908 for Rs.9,37,19,098 with Interest at 18% Per Annum on Ground That Claims Were Admitted/Undisputed and Defendants Had No Real Prospect of Successfully Defending.

3 Jan 2022

The present matter was an Interim Application filed before the High Court of Judicature at Bombay in its Admiralty and Vice Admiralty Jurisdiction. Th...

Tribunals

NCLAT Dismisses Appeal Against CIRP Initiation by Assignee of Debt — Assignment Deed Valid Without Prior Notice to Corporate Debtor Under Section 5(7) of IBC, 2016. The NCLAT held that an assignee of a debt is a financial creditor under Section 5(7) of IBC, 2016, and notice of assignment to the corporate debtor is not required for maintainability of a Section 7 application.

1 Jan 2023

The case involves an appeal by Rajesh Ravji Patel, suspended director of Vilsons Roofing Product Pvt. Ltd. (Corporate Debtor), against an order of the...

Supreme Court

Supreme Court Upholds NCLAT Order in Insolvency Resolution Plan Approval Under Insolvency and Bankruptcy Code, 2016. Resolution Plan Found Compliant with Section 30(2) and Binding on All Stakeholders Despite Pending Creditor Claim Challenges.

10 Aug 2021

The appeal arose under Section 62 of the Insolvency and Bankruptcy Code, 2016, against a judgment dated 4 January 2021 of the National Company Law App...

Supreme Court

Supreme Court Allows Appeal of Paschimanchal Vidyut Vitran Nigam Ltd. in Insolvency Case — Holds That Statutory Charge Under Electricity Supply Agreement Survives Liquidation and Must Be Respected Under IBC. The Court ruled that a charge created under Section 53 of the Electricity Act, 2003 read with contractual terms is not extinguished by the moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016, and the liquidator must treat the appellant as a secured creditor.

1 Jan 2023

The appellant, Paschimanchal Vidyut Vitran Nigam Ltd. (PVVNL), a state electricity distribution company, entered into an electricity supply agreement ...

High Court

Delhi High Court Allows Arbitration Against Guarantors Despite Moratorium Under Section 96 of IBC — Moratorium Does Not Extend to Co-Guarantors Not Covered by NCLT Orders. The court held that the moratorium under Section 96 is debt-centric and personal to the debtor, and does not bar proceedings against other co-guarantors.

20 Jun 2024

The petitioner, a finance company, granted channel finance facility to Sterling Motor Company (SMC), a proprietorship of Tarun Kapoor. Tarun Kapoor, P...

Supreme Court

Supreme Court Allows Appeal in Arbitration Appointment Case — Withdrawal of Section 11 Petition Does Not Bar Fresh Application Under IBC. Order 23 Rule 1 CPC Not Applicable to Arbitration Petitions; Section 9 IBC and Section 11 Arbitration Act Seek Different Reliefs.

18 Nov 2024

The Supreme Court allowed the appeal filed by M/s HPCL Bio-Fuels Ltd. against the judgment of the Bombay High Court which had appointed a sole arbitra...

Supreme Court

Supreme Court Clarifies Legal Position on 'Same Line of Business' in Withdrawn Insolvency Appeal Involving Cooperative Society. The Court Examined Section 64(d) of the Multi-State Cooperative Societies Act, 2002, and Eligibility Under the Insolvency and Bankruptcy Code, 2016, Without Deciding Merits After Appellant Sought Withdrawal.

9 Apr 2026

The Supreme Court addressed a statutory appeal arising from the National Company Law Appellate Tribunal's judgment dated 21.08.2025, which affirmed th...

Tribunals

Company Appeal (AT) (Ins) No. 1563 of 2023

3 Jul 2025

The appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016 arises from the order of the NCLT, Allahabad Bench dated 06.10.2023 dismissing...

High Court

Supreme Court Upholds Financial Creditor in Insolvency Petition Based on Balance Sheet Acknowledgement Under Limitation Act. The Court held that entries in signed balance sheets constitute acknowledgement of debt under Section 18 of the Limitation Act, 1963, extending the limitation period for applications under Section 7 of the Insolvency and Bankruptcy Code, 2016, and that defects in the application regarding the date of default are curable.

15 Apr 2021

The dispute arose from an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) filed by Asset Reconstruction Company (India) ...

Supreme Court

Supreme Court Allows Appeal in Insolvency Case Due to Limitation Bar — Winding Up Petition Filed Beyond Three Years from Default Date Cannot Be Revived Under IBC. The Court held that a time-barred winding up petition under the Companies Act, 1956 cannot be treated as a valid Section 7 application under the IBC, and the filing of a suit for specific performance does not extend limitation for a winding up petition.

25 Sep 2019

The Supreme Court considered appeals arising from the admission of a winding up petition under the Insolvency and Bankruptcy Code, 2016 (IBC). The pet...

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