Search Results for "mandatory IBC reference"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
Supreme Court Modifies Sentence in Forgery Case Due to Long Pendency and No Crim...
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...

Search Results for "mandatory IBC reference"

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Supreme Court

Supreme Court Allows Appeal of Dissenting Financial Creditor in Insolvency Case on Interpretation of Amended Section 30(2)(b)(ii) - Court Holds Amendments Apply to Pending Proceedings and Entitle Creditor to Liquidation Value of Security Interest Under Insolvency and Bankruptcy Code, 2016.

3 Jan 2024

The dispute arose from appeals concerning the interpretation of amended Section 30(2)(b)(ii) of the Insolvency and Bankruptcy Code, 2016. The appellan...

Tribunals

NCLAT Allows Personal Guarantor to File Objection to RP Report Under Section 99 IBC — Right of Hearing Not Extinguished by Filing of Report. Personal Guarantor Entitled to File Objections to Resolution Professional's Report Before Adjudicating Authority Passes Order Under Section 99 of Insolvency and Bankruptcy Code, 2016.

1 Nov 2024

The case involves an appeal filed by Comandur Parthasarathy, the personal guarantor, against an order dated 21.10.2024 passed by the National Company ...

Supreme Court

Supreme Court Allows Extension of Arbitral Tribunal Mandate in International Commercial Arbitration Involving Share Dispute and Insolvency Moratorium. The court extended the time for the arbitral award under Section 29A of the Arbitration and Conciliation Act, 1996, due to a moratorium under the Insolvency and Bankruptcy Code, 2016, which stayed proceedings and was subsequently lifted.

5 Jan 2023

The dispute arose from an international commercial arbitration between Tata Sons Pvt Ltd (applicant) and Siva Industries and Holdings Ltd (first respo...

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 Upholds NCLT Order Dismissing Insolvency Petition and Directs Arbitration in Share Conversion Dispute - Dispute over conversion formula for preference shares under share subscription agreements held arbitrable, with no default established under Section 7 of Insolvency and Bankruptcy Code, 2016, due to ongoing negotiations and arbitration clause enforcement.

26 Mar 2021

The dispute originated from share subscription and shareholders' agreements dated 2007-2008 and supplemental agreements dated 2013-2017, where Kotak I...

Tribunals

NCLAT Sets Aside Impleadment Order in CIRP Proceedings for Violation of Natural Justice — Corporate Debtor's Director Cannot Be Impleaded Without Notice Under Section 60(5) IBC. The order of impleadment was passed without prior notice to the Appellant, violating principles of natural justice, and was set aside with a remand for fresh consideration.

30 Nov -0001

The National Company Law Appellate Tribunal (NCLAT), Chennai Bench, heard an appeal filed by Inkel Limited, represented by its Managing Director, agai...

Tribunals

NCLAT Dismisses Appeal of Operational Creditor Seeking Performance Pay Under IBC — Claim for Performance Pay Not an 'Operational Debt' Under Section 5(21) of IBC, 2016 as It Is Discretionary and Not Based on Provision of Goods or Services.

30 Nov -0001

The appeal was filed by M. Ramakanth, an operational creditor, against the order of the National Company Law Tribunal, Hyderabad, which dismissed his ...

Tribunals

NCLAT Allows Appeals by Commercial Space Buyers in CIRP of IP Constructions Pvt. Ltd. — Resolution Plan Must Include Allottees' Claims. The Tribunal held that commercial space allottees are 'financial creditors' under Section 5(8)(f) of the Insolvency and Bankruptcy Code, 2016, and their claims must be considered in the resolution plan.

30 Nov -0001

The judgment arises from three appeals filed by commercial space allottees against orders of the National Company Law Tribunal (NCLT), Principal Bench...

Supreme Court

Supreme Court Reverses High Court in SICA Case on Unsecured Creditor Rights - Sanctioned Rehabilitation Scheme Binding on All Creditors. Court held that under Sections 18(8) and 32 of Sick Industrial Companies (Special Provisions) Act, 1985, unsecured creditors cannot opt out of scaled-down payments and must accept scheme terms for company revival.

17 Mar 2023

The Supreme Court addressed a group of appeals concerning the binding effect of rehabilitation schemes sanctioned under the Sick Industrial Companies ...

High Court

Bombay High Court Allows Arbitration Application Under Section 11 of Arbitration Act, Condoning 258-Day Delay. Court Appoints Sole Arbitrator to Adjudicate Partnership Disputes Arising from Deed of Alteration of Partnership Dated 10 April 2013.

7 Apr 2026

The applicant, Infra Poonam Developers LLP, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an ...

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