Search Results for "insolvency jurisdiction"

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Search Results for "insolvency jurisdiction"

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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...

Supreme Court

Supreme Court Allows Appeal in IBC Case: CIRP Not a Substitute for Execution of Civil Court Decree. Insolvency and Bankruptcy Code, 2016 — Section 7 — Financial Debt — Decree Holder Cannot Bypass Execution Process.

23 Apr 2026

The Supreme Court allowed the appeal filed by Appellants against the order of the NCLAT which had directed admission of a Section 7 petition under the...

Supreme Court

Supreme Court Dismisses Appeals Against NCLAT Order Excluding Period for CIRP in Jaypee Infratech Insolvency Case — Home Buyers' Interest Paramount. The court upheld exclusion of 90 days from the 270-day CIRP period due to extraordinary circumstances regarding voting share of allottees under Section 12 of the Insolvency and Bankruptcy Code, 2016.

6 Aug 2019

The Supreme Court dismissed appeals against the NCLAT order dated 30th July 2019, which had excluded 90 days from the 270-day Corporate Insolvency Res...

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...

Supreme Court

Supreme Court Dismisses Appeal in MSME Arbitration Execution Dispute, Upholding High Court's Ruling on Nullity Plea and Jurisdiction. Arbitral Award Remains Executable Despite Insolvency Resolution Plan Approving Claim at Nil, as Facilitation Council's Jurisdiction Not Extinguished Under Section 31 Insolvency and Bankruptcy Code, 2016.

21 Apr 2025

The appeal arose from a dispute under the Micro, Small and Medium Enterprises Development Act, 2006 (MSME Act), where the respondent filed claim petit...

High Court

High Court of Bombay Allows Secured Creditor's Appeal Against Direction to Deposit Title Deeds in Insolvency — Official Assignee Cannot Demand Title Deeds Without Adjudication of Mortgage Validity Under Presidency Towns Insolvency Act, 1909.

25 Feb 2019

The appeal was filed by Punjab National Bank (the appellant) against an order of a learned Single Judge of the Bombay High Court in Official Assignee'...

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

National Company Law Appellate Tribunal Dismisses Appeals by Suspended Director Challenging Withdrawal of CIRP Application Under Section 12A of IBC -- Orders Permitting Withdrawal and Deletion of Suspended Management Upheld

23 Dec 2024

The National Company Law Appellate Tribunal dismissed Appeals by Appellant, Suspended Director, against orders of the Adjudicating Authority related t...

Supreme Court

Supreme Court Dismisses Appeals Against Insolvency Initiation Under Insolvency and Bankruptcy Code, 2016 -- NCLAT Order Upheld in Favor of Allottees as Financial Creditors -- Corporate Debtors Failed to Deliver Possession and Complete Formalities

2 Feb 2026

The Supreme Court dismissed civil appeals filed by erstwhile directors of corporate debtors against the NCLAT judgment which upheld the NCLT order ini...

Supreme Court

Supreme Court Dismisses Appeal by Dissenting Secured Creditor in Insolvency Resolution Process Under Insolvency and Bankruptcy Code, 2016. The Court upheld the commercial wisdom of the Committee of Creditors in approving a resolution plan, ruling that consideration of security interest value under Section 30(4) is a guideline not subject to judicial review under Section 61(3), absent unfair treatment within the same class.

13 May 2021

The dispute arose from the corporate insolvency resolution process of VSP Udyog Private Limited, where India Resurgence ARC Private Limited, a secured...

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