Search Results for "insolvency moratorium"

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Search Results for "insolvency moratorium"

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Tribunals

NCLAT Dismisses Appeals Against Insolvency Resolution of Personal Guarantors Under IBC — Jurisdiction of Adjudicating Authority Upheld. The Tribunal held that the Adjudicating Authority has jurisdiction to entertain applications under Section 95 of the Insolvency and Bankruptcy Code, 2016 against personal guarantors residing abroad, and that the moratorium under Section 96 applies to all assets of the guarantor.

30 Nov -0001

The National Company Law Appellate Tribunal (NCLAT) at Chennai dismissed two appeals filed by Iqbal Jumabhoy and Hussain Somjee, personal guarantors o...

Tribunals

NCLAT Dismisses Indian Bank's Appeals in Insolvency Case — Income Tax Refund Held as Part of Corporate Debtor's Assets, Not Subject to Set-off by Bank. The Tribunal upheld the liquidator's right to recover the refund amount, ruling that the bank's claim of set-off under Section 14 of IBC was not maintainable after moratorium.

10 Mar 2025

The National Company Law Appellate Tribunal (NCLAT) dismissed two appeals filed by Indian Bank challenging orders dated 19.12.2024 passed by the Natio...

Supreme Court

Supreme Court Dismisses Appeal in Insolvency Case — Petition Under Section 7 IBC Held Time-Barred Despite IRP's Admission of Claim Not Constituting Acknowledgment Under Limitation Act. The Court held that limitation for Section 7 IBC runs from NPA date, and IRP's admission of claim is administrative, not an acknowledgment under Section 18 of the Limitation Act, 1963.

27 Mar 2026

The appeals under Section 62 of the Insolvency and Bankruptcy Code, 2016 (IBC) were filed by Appellant, erstwhile Director of two corporate debtors, a...

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...

High Court

Bombay High Court Allows Resolution Professional to Continue CIRP Under IBC Despite Pending Winding-Up Petition Under Companies Act, 1956. Leave under Section 446 of Companies Act, 1956 granted to proceed with Corporate Insolvency Resolution Process under Insolvency and Bankruptcy Code, 2016.

2 Nov 2018

The judgment concerns Company Application No. 10 of 2017 filed by the Resolution Professional of Murli Industries Limited (the corporate debtor) under...

Supreme Court

Supreme Court Dismisses Operational Creditor's Appeal in Insolvency Case Due to Limitation and Pre-existing Dispute. Application Under Section 9 of Insolvency and Bankruptcy Code, 2016 Barred as Cause of Action Accrued in 2011-2012 and Dispute Over Gas Supply Existed, Excluding Suspension Period Under Sick Industrial Companies (Special Provisions) Act, 1985 Not Applicable.

4 Jan 2023

The appeal arose from the dismissal of an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 by the National Company Law Tribunal...

Supreme Court

Supreme Court Allows Appeal in NI Act Case Due to Moratorium Under IBC — Cause of Action Arose After Insolvency Commencement. Director of Corporate Debtor Cannot Be Prosecuted Under Section 138 NI Act When Cause of Action Arose After Moratorium Under Section 14 IBC.

17 Mar 2025

The Supreme Court allowed the appeal filed by a director of a corporate debtor against the order of the Punjab and Haryana High Court dismissing his p...

High Court

High Court Partially Allows Criminal Petition Under Section 482 CrPC in NI Act Case - Quashes Proceedings Against Company Under IBC Moratorium But Continues Against Directors. Court Held That Moratorium Under Section 14 of Insolvency and Bankruptcy Code, 2016 Bars Section 138 NI Act Proceedings Against Corporate Debtor, But Directors Remain Liable Under Section 141 of Negotiable Instruments Act, 1881 as Natural Persons.

10 Feb 2026

The High Court of Karnataka at Bengaluru heard a criminal petition filed under Section 482 of the Code of Criminal Procedure, 1973 by petitioners who ...

Supreme Court

Supreme Court Dismisses Corporate Debtor's Appeal Against NCLT Order Admitting Insolvency Application Under Insolvency and Bankruptcy Code, 2016. Maharashtra Act Moratorium Does Not Bar Insolvency Proceedings as Section 238 of the Code Overrides Inconsistent State Laws.

1 Aug 2026

The appeal arose from the first application under the newly enacted Insolvency and Bankruptcy Code, 2016. The corporate debtor, a multi-product compan...

Supreme Court

Supreme Court Upholds NCLAT Decision on Limitation in Insolvency Petition Initiated by Financial Creditor. Application Under Section 7 of Insolvency and Bankruptcy Code, 2016 Held Within Limitation After Excluding Time Spent in SARFAESI Proceedings Under Section 14(2) of Limitation Act, 1963.

22 Mar 2021

The appeal arose from a judgment of the National Company Law Appellate Tribunal (NCLAT) dismissing an appeal against an order of the National Company ...

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