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Search Results for "CIRP"

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Supreme Court

Supreme Court Allows Set-Off Plea in Arbitration Despite Extinguishment of Counterclaim Under IBC - Corporate debtor's appeal against High Court order directing continuation of arbitral proceedings is partly allowed, permitting set-off as a defensive mechanism while affirming extinguishment of non-included claims under Section 31(1) of Insolvency and Bankruptcy Code, 2016.

20 Mar 2026

The dispute arose between a corporate debtor, Appellant, and a public sector undertaking, Respondent following a contract for solar power plant instal...

Supreme Court

Supreme Court Allows Promoter's Resolution Plan in IBC Case, Upholds CoC Approval Despite Pending Third-Party Applications. The Court held that the Resolution Professional's Letter of Intent was not conditional and that the Adjudicating Authority's approval of the plan was valid under Section 31 of the Insolvency and Bankruptcy Code, 2016.

1 Jan 2026

The present appeals arise from a Corporate Insolvency Resolution Process (CIRP) concerning M/s. Oracle Home Textiles Limited, initiated on 9th August ...

Tribunals

NCLAT Dismisses Appeal Against Rejection of Recall Application in IBC Case — Parallel CIRP Commencement Renders Proceedings Infructuous. The Corporate Debtor's recall application was rejected as the main petition under Section 7 of IBC became infructuous due to initiation of CIRP in a parallel proceeding by an Operational Creditor.

3 Sep 2025

The Appellant, M/s. Devi Engineering & Construction Private Limited, was the Corporate Debtor in proceedings under CP (IB) No. 1/7/AMR/2025 initiated ...

Tribunals

NCLAT Allows Appeal Against NCLT Order Rejecting Resolution Professional's Fee Claim, Directs Reconsideration on Merits. The NCLAT held that the NCLT's order was in violation of natural justice as the RP was not heard before the order was passed, and remanded the matter for fresh consideration.

7 Jul 2025

The case involves an appeal by Mathioli N, the Resolution Professional (RP) of MQ Networks Private Limited, against an order dated 07.07.2025 passed b...

Tribunals

NCLAT Allows Appeal Against Exclusion of Personal Guarantors from CoC in CIRP of Corporate Debtor — Re-constitution of Committee of Creditors Set Aside. Personal Guarantors Are Not Members of Committee of Creditors Under Section 21(2) of Insolvency and Bankruptcy Code, 2016.

15 Jul 2024

The National Company Law Appellate Tribunal (NCLAT) heard an appeal against an order of the Adjudicating Authority (NCLT, Chandigarh Bench) dated 01.0...

Supreme Court

Supreme Court Dismisses Appeals in Corporate Insolvency Case Involving Land Ownership and Development Rights Dispute. Court Upholds NCLAT Order Protecting Licensee's Possession of 10000 Sq.Ft. While Preserving Corporate Debtor's Development Rights as Intangible Assets Under Insolvency and Bankruptcy Code, 2016.

14 Mar 2023

The appeals arose from a common order of the National Company Law Appellate Tribunal dismissing two independent appeals filed against an order of the ...

Supreme Court

Supreme Court Allows Withdrawal of Insolvency Application Before Committee of Creditors Constitution Based on Settlement. Section 12A of Insolvency and Bankruptcy Code, 2016 Permits Withdrawal by Applicant Before CoC Formation, and Inherent Powers Under Rule 11 of NCLT Rules, 2016 Can Be Exercised for Ends of Justice to Facilitate Settlement.

22 Sep 2022

The appeal arose from an interim order of the National Company Law Appellate Tribunal (NCLAT) in an insolvency matter. The appellant, an erstwhile dir...

Supreme Court

Supreme Court Remands Resolution Professional's Fee Dispute to NCLT for Reasoned Determination Under Insolvency and Bankruptcy Code, 2016. The Court held that the adjudicating authority has jurisdiction under Section 60(5)(c) to determine insolvency resolution process costs, but both NCLT and NCLAT failed to exercise it properly by not considering the claim's basis or reasonableness, leading to an order of remand.

5 Jan 2022

The appeal arose from a judgment of the National Company Law Appellate Tribunal dated 30 July 2020, concerning the payment of costs and expenses incur...

Supreme Court

Supreme Court Allows Appeal in IBC Section 7 Case — NCLT Cannot Dismiss Petition Without Applying Mind to Merits. Adjudicating Authority Must Determine Default and Admit or Reject Petition Under Section 7, Not Direct Settlement Without Considering Individual Claims.

1 Jan 2020

The present appeal under Section 62 of the Insolvency and Bankruptcy Code, 2016 (IBC) arises from a judgment of the National Company Law Appellate Tri...

Tribunals

NCLAT Dismisses Appeals Challenging Admission of Section 7 Application by Allottees Against Corporate Debtor. The Tribunal upheld the NCLT order allowing impleadment of allottees and admitting the insolvency petition under Section 7 of the Insolvency and Bankruptcy Code, 2016, as default was established.

30 Nov -0001

The judgment pertains to two appeals filed against an order dated 04.03.2024 passed by the National Company Law Tribunal (NCLT), New Delhi Principal B...

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