Search Results for "IBC moratorium"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Search Results for "IBC moratorium"

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Tribunals

NCLAT Allows Secured Creditor's Appeal Against Contribution Order in IBC Liquidation — Secured Creditor Realizing Security Under Section 52 Not Liable to Contribute to Workmen's Dues or Liquidation Costs. The court held that the waterfall mechanism under Section 53 IBC does not apply to secured creditors who opt out of the liquidation process, and Section 226(1)(b) of Companies Act, 2013 is inapplicable.

14 Jan 2025

The appeal was filed by Cosmos Co-Operative Bank Ltd., a secured creditor of Pandit Automotive Pvt. Ltd. (corporate debtor), challenging an order of t...

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 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

Bombay High Court Allows Writ Petitions Challenging PMLA Attachment — Section 32A IBC Immunity Overrides Provisional Attachment Order Under PMLA. Resolution Plan Approved for Corporate Debtor Shields Assets from Enforcement Directorate's Attachment.

1 Mar 2024

The judgment concerns two writ petitions: one by individuals (Shiv Charan, Pushpalata Bai, and Bharti Agarwal) challenging a provisional attachment or...

High Court

Bombay High Court Allows State's Petition Challenging NCLT Order De-freezing MPID Attached Accounts. MPID Act Overrides IBC for Attachment and Confiscation of Properties of Financial Establishments.

9 Nov 2020

The State of Maharashtra, through the Deputy Collector and Competent Authority (NSEL), filed a writ petition under Articles 226 and 227 of the Constit...

Tribunals

NCLAT Chennai Dismisses Appeal by Former Directors Against Order to Cooperate with IRP and Hand Over Possession in CIRP under Section 10 IBC. Directors of Corporate Debtor are obligated to cooperate with IRP and hand over custody of premises and assets during CIRP.

30 Nov -0001

The present appeal was filed by Mr. M. Bhaskaran and Mr. M. Radhakrishnan, who were the opposite parties in IA(IBC)/913(CHE)/2025 before the National ...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Guarantee Enforcement Case. Personal Guarantors Held Liable Despite Principal Borrower's Corporate Insolvency Resolution Process Under Section 14 of IBC.

17 Feb 2015

The petitioners, Jamboo Kumar Jain and Praful Kumar Jain, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging...

High Court

Bombay High Court Allows Summary Suit Against Principal Borrower Despite Moratorium Against Guarantors Under IBC. The court permitted the plaintiff to proceed only against defendant no.1 (principal borrower) while reserving rights against guarantors under moratorium.

6 Apr 2026

The plaintiff, IL & FS Financial Services Limited, filed a commercial summary suit under Order XXXVII of the Code of Civil Procedure, 1908 to recover ...

Tribunals

NCLAT Allows Section 95 Application Against Personal Guarantor Despite Pending DRT Proceedings — Guarantee Invocation Notice and DRT Recovery Certificate Constitute Debt Under IBC. The NCLAT held that the Adjudicating Authority erred in rejecting the Section 95 application on the ground that the guarantee invocation notice and DRT recovery certificate do not constitute a debt under Section 3(10) of the IBC, 2016.

30 Nov -0001

The National Company Law Appellate Tribunal (NCLAT) heard two appeals filed by IDBI Bank Ltd. against orders of the NCLT, Indore Special Bench, reject...

Supreme Court

Supreme Court Allows Liquidator's Appeal on Limitation Grounds in Insolvency Proceeding. Limitation period under Section 61 of the Insolvency and Bankruptcy Code, 2016 runs from the date the order is made available, not from pronouncement, applying Section 420(3) of the Companies Act, 2013 and Rule 50 of the National Company Law Tribunal Rules, 2016 for free copies.

22 Oct 2021

The appeal arose from a judgment of the National Company Law Appellate Tribunal (NCLAT) dated 13 July 2020, which dismissed the appellant's appeal as ...

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