Search Results for "Corporate Insolvency"

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Search Results for "Corporate Insolvency"

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Supreme Court

Supreme Court Allows Appeal of SBI Consortium in Corporate Guarantee Dispute Under IBC. Corporate Guarantees Executed by Corporate Debtor Constitute Financial Debt Under Section 5(8) of IBC, 2016, and Are Enforceable Despite Timing and Stamping Objections.

28 Apr 2026

The Supreme Court allowed the appeal filed by the Appellant Consortium against the order of the National Company Law Appellate Tribunal (NCLAT) which ...

Supreme Court

Supreme Court Dismisses Appeal in MSME Arbitration Execution Dispute, Upholding High Court's Ruling on Nullity Plea and Jurisdiction. Arbitral Award Remains Executable Despite Insolvency Resolution Plan Approving Claim at Nil, as Facilitation Council's Jurisdiction Not Extinguished Under Section 31 Insolvency and Bankruptcy Code, 2016.

21 Apr 2025

The appeal arose from a dispute under the Micro, Small and Medium Enterprises Development Act, 2006 (MSME Act), where the respondent filed claim petit...

Tribunals

NCLAT Dismisses Indian Bank's Appeals in Insolvency Case — Income Tax Refund Held as Part of Corporate Debtor's Assets, Not Subject to Set-off by Bank. The Tribunal upheld the liquidator's right to recover the refund amount, ruling that the bank's claim of set-off under Section 14 of IBC was not maintainable after moratorium.

10 Mar 2025

The National Company Law Appellate Tribunal (NCLAT) dismissed two appeals filed by Indian Bank challenging orders dated 19.12.2024 passed by the Natio...

High Court

Madras High Court Dismisses Writ Petition Challenging NCLT Order Admitting CIRP Against Corporate Debtor — Default and Debt Admitted, No Ground for Interference Under Article 226. The court held that the existence of debt and default is sufficient for admission under Section 7 IBC, and the writ petition is not maintainable due to alternative remedy under Section 61 IBC.

23 Jan 2025

The writ petition was filed by Dharamshi K. Patel and Kamala D. Patel, shareholders and suspended directors of Evershine Wood Packaging Private Limite...

Supreme Court

Supreme Court Allows Withdrawal of CIRP Proceedings in Insolvency Case Based on Settlement with Majority Home Buyers. Original applicants (home buyers) permitted to withdraw Section 7 application under Insolvency and Bankruptcy Code, 2016 as settlement reached with corporate debtor and majority home buyers, with corporate debtor undertaking to complete project within one year.

3 Mar 2022

The dispute arose from a housing project in Gurgaon, where the corporate debtor, Jasmine Buildmart Pvt. Ltd., failed to complete the project within ei...

Supreme Court

Supreme Court Quashes Insolvency Petition Under IBC Due to Absence of Operational Debt. Claim for Payment Made Under Subcontracting Arrangement Does Not Constitute Operational Debt Under Section 5(21) of Insolvency and Bankruptcy Code, 2016, as It Was Not for Goods or Services Provided by Corporate Debtor to Creditor.

10 Aug 2021

The appeal arose from a dispute under the Insolvency and Bankruptcy Code, 2016, concerning a sugar project in Sudan financed through a Line of Credit ...

High Court

High Court of Bombay Allows Encashment of Bank Guarantee in Winding Up Proceedings — Security Deposit Refund Ordered. Court held that failure to finalize leave and license agreement within extended period entitled applicant to refund of security deposit, and bank guarantee furnished pursuant to consent order could be encashed upon expiry.

2 Jan 2020

The applicant, Palladian Hotels Private Limited, filed a company application seeking an order to encash a bank guarantee of Rs.38,53,000/- furnished b...

Supreme Court

Supreme Court Dismisses Municipal Corporation's Appeal Against Resolution Plan Approval in Insolvency Case — Lease Rights and Statutory Compliance Under IBC and MMC Act Upheld. The Court held that MCGM's written submissions indicating acceptance of the plan constituted consent, and the plan did not violate the MMC Act or the IBC timeline.

15 Nov 2019

The Municipal Corporation of Greater Mumbai (MCGM) appealed under Section 62 of the Insolvency and Bankruptcy Code, 2016 (IBC) against the order of th...

Supreme Court

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.

15 Nov 2019

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

High Court

Bombay High Court Dismisses Motion to Set Aside Insolvency Notice Based on Arbitral Award — No Stay of Execution Exists. Pendency of appeal under Section 37 of Arbitration and Conciliation Act, 1996 does not operate as stay unless specifically granted, and insolvency notice based on award not stayed is valid.

16 Oct 2012

The case involves a Notice of Motion taken out by Mr. Harshad Moorlidhar Shah, Judgment Debtor No. 3, to set aside Insolvency Notice No. N/19 of 2012 ...

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