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Search Results for "Moratorium"

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High Court

Madras High Court Allows Revision Petition, Sets Aside Execution of MSME Award Due to Approved Resolution Plan Under IBC. Claims Not Submitted During CIRP Stand Extinguished Under Section 31 of Insolvency and Bankruptcy Code, 2016.

27 Feb 2026

The case involves a civil revision petition filed by M/s. Capricon Food Products Indian Limited (the revision petitioner/judgment debtor) against M/s....

Tribunals

NCLAT Allows Personal Guarantor's Appeal in Insolvency Case — Remands for Fresh Consideration of Section 94 Application. The Tribunal held that the Adjudicating Authority erred in dismissing the CP without considering the merits of the application under Section 94 of the Insolvency and Bankruptcy Code, 2016.

1 Jan 2025

The present appeal was filed by Syed Sirajis Salikin Khadri, the personal guarantor of Infra Dredge Services Private Limited, against an order dated 0...

Tribunals

NCLAT Allows Appeal Against NCLT Order Directing Refund of Bank Guarantee Invoked During CIRP — Bank Guarantee Invocation Not Barred by Moratorium Under Section 14 IBC. The NCLAT held that the moratorium under Section 14(1)(c) does not prohibit invocation of bank guarantees, as they are independent contracts and not property of the corporate debtor.

20 Dec 2024

The appeal was filed by WAPCOS Ltd. against an order of the National Company Law Tribunal, Special Bench Mumbai, dated 20.01.2022, which directed the ...

High Court

Bombay High Court Allows Redevelopment of C-1 Building Despite IBC Moratorium — Development Rights Not Asset of Corporate Debtor. Cooperative Housing Society's Right to Redevelop Its Property Upheld Against Resolution Professional's Interference.

11 Sep 2024

The Petitioner, Kher Nagar Sukhsadan Co-operative Housing Society Ltd., owned a building on land leased from MHADA. In 2005, it entered into a Develop...

High Court

Bombay High Court Dismisses PILs Challenging Mining Leases in Ecologically Sensitive Dodamarg Taluka, Upholding Environmental Clearances and Rejecting Allegations of Procedural Violations. The court held that the environmental clearance granted to mining leases in Dodamarg Taluka, Sindhudurg district, was valid and not in violation of the Environment Impact Assessment Notification, 2006, and that the area was not declared an eco-sensitive zone under the Environment Protection Act, 1986.

22 Mar 2024

The judgment concerns two public interest litigations filed by environmental NGOs Awaaz Foundation and Vanashakti challenging mining leases granted in...

Supreme Court

Supreme Court Allows Appeal of Paschimanchal Vidyut Vitran Nigam Ltd. in Insolvency Case — Holds That Statutory Charge Under Electricity Supply Agreement Survives Liquidation and Must Be Respected Under IBC. The Court ruled that a charge created under Section 53 of the Electricity Act, 2003 read with contractual terms is not extinguished by the moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016, and the liquidator must treat the appellant as a secured creditor.

1 Jan 2023

The appellant, Paschimanchal Vidyut Vitran Nigam Ltd. (PVVNL), a state electricity distribution company, entered into an electricity supply agreement ...

Supreme Court

Supreme Court Allows Appeal in Insolvency Case Regarding Security Interest and Pledge of Shares — NCLAT Order Set Aside. The Court held that the Corporate Debtor's creation of security by way of pledge of shares of its subsidiary in favour of the appellants constituted a valid security interest under the Insolvency and Bankruptcy Code, 2016, and the moratorium under Section 14 does not bar the enforcement of such security by a secured creditor.

24 Aug 2020

The present appeal arises from an order of the National Company Law Appellate Tribunal (NCLAT) dated 24.08.2020, which dismissed the appeal filed by t...

Supreme Court

Supreme Court Upholds NCLAT Decision on Mandatory 75% Voting Share for Resolution Plan Approval Under I&B Code. Financial Creditors' Rejection of Resolution Plan for Kamineni Steel & Power India Pvt. Ltd. and Innoventive Industries Ltd. Leads to Liquidation as Plan Did Not Garner Required Majority.

6 Sep 2018

The Supreme Court of India heard appeals arising from a common judgment of the National Company Law Appellate Tribunal (NCLAT) dated 6 September 2018,...

Tribunals

NCLAT Partially Allows Appeal Against Bankruptcy Declaration, Holds SEBI Penalty as Excluded Debt Under IBC. Personal Guarantor's Bankruptcy Petition Admitted but SEBI Penalty Excluded from Discharge as 'Fine' Under Section 79(15)(a) of IBC.

30 Nov -0001

The appellant, Ms. G.V. Marry, was a personal guarantor to BRG Energy Ltd., a company incorporated in 2006 under the Companies Act, 1956. She filed an...

Tribunals

NCLAT Dismisses Liquidator's Appeal Seeking Return of Bank Guarantees and Margin Money Post-Invocation. Bank Guarantee Invocation Extinguishes Both Margin Money and Bank's Liability, Liquidator Cannot Claim Refund.

30 Nov -0001

The case involves an appeal by Mr. Rajendra Prasad Tak, the Liquidator of M/s. KVK Nilachal Power Pvt. Ltd. (Corporate Debtor), against an order of th...

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