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NCLAT Dismisses Appeal as Time-Barred in Insolvency Case Due to Delay in Filing. Limitation Period Under Section 61(2) of I&B Code, 2016 Cannot Be Extended Merely Because Appellant Was Not a Party to Proceedings.

The appellant, Nalimela Jagadeeshwar Reddy, filed a Company Appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016, challenging an order ...

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NCLT Chennai Allows Dissolution of Company in Voluntary Liquidation Under Section 59(7) IBC, 2016. The Liquidator's petition for dissolution was allowed upon satisfaction of compliance with voluntary liquidation requirements.

The National Company Law Tribunal, Chennai Division Bench, allowed a petition filed by the Liquidator, Mrs. Aneetha Subramaniam, under Section 59(7) o...

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NCLAT Dismisses Appeal of Operational Creditor in IBC Section 9 Case Due to Pre-Existing Dispute. Claim for unpaid invoices rejected as Corporate Debtor raised genuine quality dispute before demand notice.

The case involves an appeal filed by APL Apollo Tubes Limited (Operational Creditor) against the rejection of its application under Section 9 of the I...

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Bombay High Court Dismisses Petitions Challenging SARFAESI Act Applicability to Cooperative Banks and Arbitration Awards. Multi-State Cooperative Bank held to be a 'bank' under SARFAESI Act, and arbitration under Multi-State Cooperative Societies Act does not bar subsequent SARFAESI proceedings.

The judgment concerns three writ petitions filed by borrowers challenging actions taken by Abhyudaya Co-operative Bank Ltd. and Piramal Capital and Ho...

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NCLAT Dismisses Appeal of Operational Creditor Seeking Performance Pay Under IBC — Claim for Performance Pay Not an 'Operational Debt' Under Section 5(21) of IBC, 2016 as It Is Discretionary and Not Based on Provision of Goods or Services.

The appeal was filed by M. Ramakanth, an operational creditor, against the order of the National Company Law Tribunal, Hyderabad, which dismissed his ...

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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.

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...

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NCLAT Dismisses Appeal of Operational Creditor in Insolvency Case Due to Defective Demand Notice and Limitation Bar. Section 9 Application Under I&B Code Fails as Date of Default is Later Than Demand Notice and Invoices are Time-Barred.

The Appellant, M/s. Metals and Metal Electric Private Limited, an operational creditor, filed an application under Section 9 of the Insolvency and Ban...