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NCLAT Allows Appeal Against NCLT Order Permitting Erstwhile Promoter to Submit Resolution Plan. The Tribunal held that an erstwhile promoter who is a related party under Section 29A of the Insolvency and Bankruptcy Code, 2016 is ineligible to submit a resolution plan.

The appeal was filed by M/s. Meir Commodities India Pvt. Ltd., a prospective resolution applicant, challenging the order of the National Company Law T...

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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.

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

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Bombay High Court Dismisses Petition Challenging Home University Reservation in Technical Courses. Rules 9(3)(c), 9(3)(d) and 13 of Maharashtra Unaided Private Professional Educational Institutions Rules, 2017 held intra vires the Act and not violative of Articles 14, 19(1)(g), 21, 15(4) and 29(2).

The petitioners, eight students from various districts in Maharashtra, filed a writ petition challenging Rules 9(3)(c), 9(3)(d) and 13 of the Maharash...

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Supreme Court Dismisses Municipal Corporation's Appeal Against Resolution Plan Approval in Insolvency Case. Municipal Corporation's Prior Consent to Resolution Plan Precludes Later Objections Under IBC.

The Municipal Corporation of Greater Mumbai (MCGM) appealed against the order of the National Company Law Appellate Tribunal (NCLAT) which had upheld ...

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NCLAT Dismisses Appeal Against Rejection of Section 7 Application for CIRP — Claimants Failed to Prove Debt and Default. The Tribunal held that the Appellants did not establish the existence of a financial debt or default, and the application was barred by limitation.

The present appeal was filed by Vistra ITCL (India) Limited, Pratiti Trading Private Limited, and Gajendra Investment Limited (Appellants) against the...

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NCLAT Allows Appeal Against NCLT Order Dismissing Section 7 Application as Abated Due to Death of Corporate Debtor's Director. The Tribunal held that the death of a director does not abate proceedings under the Insolvency and Bankruptcy Code, 2016, and the Resolution Professional can continue the process.

The appeal arises from an order of the National Company Law Tribunal (NCLT), Bengaluru Bench, dated 30.12.2019, which dismissed IA No.47/2019 in CP(IB...