Search Results for "Adjudicating Authority"

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Search Results for "Adjudicating Authority"

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Supreme Court

Supreme Court Allows Appellant in SEBI PFUTP Regulations Case Due to Non-Disclosure of Investigation Report. The Court Held That the Investigation Report Under Regulation 9 Must Be Disclosed to Ensure a Fair Hearing Under Principles of Natural Justice, as It Forms the Basis for the Show Cause Notice.

18 Feb 2022

The dispute arose from a show cause notice issued by SEBI to the appellant, alleging violations of the SEBI (Prohibition of Fraudulent and Unfair Trad...

Supreme Court

Supreme Court Allows Defendant in Commercial Suit to File Written Statement Despite Expiry of 120-Day Limit Due to COVID-19 Disruptions. Time Limit Under Proviso to Order VIII Rule 1 of Code of Civil Procedure, 1908 as Substituted by Commercial Courts Act, 2015 Extended Considering Orders in Suo Motu Writ Petition (Civil) No. 3 of 2020 and Administrative Curtailment of Court Functioning.

14 Feb 2022

The dispute arose from a commercial suit filed by the plaintiff-respondent against the defendant-appellant for recovery of Rs. 3,73,24,821/- with inte...

Supreme Court

Supreme Court Sets Aside NCLAT Order in Insolvency Case Due to Procedural Irregularity in Admitting Additional Evidence. Matter Remanded to NCLT for Reconsideration with Emails as Evidence and Opportunity for Corporate Debtor to Respond Under Section 9 of Insolvency and Bankruptcy Code, 2016.

7 Feb 2022

The dispute arose from an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 filed by an operational creditor against a corporate...

Supreme Court

Supreme Court Allows Appeal in Part on Operational Creditor Status but Upholds Dismissal on Limitation in Insolvency Case. The court held that a purchaser does not qualify as an operational creditor under Section 5(20) of the Insolvency and Bankruptcy Code, 2016, and the application under Section 9 was barred by limitation due to debt arising from 2013 transactions.

4 Feb 2022

The appeal arose from a dispute under the Insolvency and Bankruptcy Code, 2016, involving the appellant, Consolidated Construction Consortium Limited,...

Supreme Court

Supreme Court Interprets Section 29A(h) of Insolvency and Bankruptcy Code, 2016 Regarding Guarantor Eligibility. The court held that a person who has executed an enforceable guarantee is not disqualified from submitting a resolution plan unless the guarantee has been invoked, as liability crystallizes upon invocation under the amended provisions.

18 Jan 2022

The Supreme Court was called upon to interpret Section 29A(h) of the Insolvency and Bankruptcy Code, 2016, as amended, concerning the eligibility of a...

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...

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