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Bombay High Court Allows Public Interest Litigation to Protect Land for Government Sports Complex at Navi Mumbai. CIDCO's commercial allotment of land earmarked for sports complex quashed; State Government's decision to shift complex to remote location set aside.

The Bombay High Court was hearing a Public Interest Litigation filed by the Indian Institute of Architects, Navi Mumbai Center, challenging the action...

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Supreme Court Allows Promoter's Appeal in IBC Withdrawal Case — Commercial Wisdom of Committee of Creditors Cannot Be Overridden by NCLT/NCLAT. Settlement Plan Approved by 94.23% Voting Share Under Section 12A of Insolvency and Bankruptcy Code, 2016 Must Be Respected.

The case involves appeals by Vallal RCK, the promoter of M/s Siva Industries and Holdings Limited (Corporate Debtor), against the common judgment of t...

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Supreme Court Upholds NCLAT Decision on Limitation in Insolvency Petition Initiated by Financial Creditor. Application Under Section 7 of Insolvency and Bankruptcy Code, 2016 Held Within Limitation After Excluding Time Spent in SARFAESI Proceedings Under Section 14(2) of Limitation Act, 1963.

The appeal arose from a judgment of the National Company Law Appellate Tribunal (NCLAT) dismissing an appeal against an order of the National Company ...

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Supreme Court Allows Appeal of Resolution Professional in IBC Moratorium Dispute. Section 14(1)(d) of Insolvency and Bankruptcy Code, 2016 prohibits owner from recovering property occupied by corporate debtor during moratorium, even under joint development agreement.

The appeal arose from a dispute concerning the interpretation of Section 14(1)(d) of the Insolvency and Bankruptcy Code, 2016 (IBC). The appellant, Ra...

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Bombay High Court Dismisses Writ Petition Challenging RBI Circular on Resolution of Stressed Assets. Circular dated 12.02.2018 held to be valid and within RBI's powers under Sections 35A and 35AB of the Banking Regulation Act, 1949.

The petitioners, Jayaswal Neco Industries Limited and Jayaswal Holdings Private Limited, filed a writ petition under Article 226 of the Constitution o...

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NCLAT Dismisses Appeal by Financial Creditor Against IRP Fee Claim in Insolvency Case — Professional Fee of IRP Approved by CoC Must Be Paid by Corporate Debtor.

The case involves an appeal filed by the Chief Manager of Canara Bank, the sole Financial Creditor of M/s S.V.K. Shipping Services Pvt. Ltd. (Corporat...

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WRIT PETITION NO. 2393 OF 2017

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