Company Appeal (AT) (Ins) No. 1563 of 2023
3 Jul 2025The appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016 arises from the order of the NCLT, Allahabad Bench dated 06.10.2023 dismissing...
Search Results for "Financial viability"
195 result(s) found
Found 195 result(s)
Supreme Court
Supreme Court Allows Appeals Against NCLAT Remand in IBC Resolution Plan Dispute — Commercial Wisdom of Committee of Creditors Non-Justiciable. The court restored NCLT's approval of resolution plan under Section 31 of IBC, holding that viability and feasibility are business decisions not subject to judicial review.
4 Sep 2020The case involves appeals by the financial creditor, Karad Urban Cooperative Bank Ltd., and the Resolution Professional against an order of the Nation...
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High Court
Bombay High Court Adjudicates Winding Up Petition Under Companies Act, 1956 – Default in Repayment of Secured Facilities Allegedly Renders Respondent Unable to Pay Debts. Petitioner Bank Seeks Winding Up and Appointment of Provisional Liquidator After Respondent Defaults on Short-Term Loan and Letters of Credit.
14 Feb 2017The case concerned a company petition for winding up under the Companies Act, 1956, instituted by IDFC Bank Limited, a creditor, against M/s.Ruchi Soy...
- 31
Supreme Court
Supreme Court Dismisses Appeal by Dissenting Financial Creditor in Insolvency Resolution Process Under Insolvency and Bankruptcy Code, 2016. Approval of Resolution Plan by Committee of Creditors Based on Commercial Wisdom is Not Subject to Judicial Review on Grounds of Security Interest Value Omission, as Per Section 30(4) and Limited Scope Under Section 61(3).
13 May 2021The appeal arose from a dispute under the Insolvency and Bankruptcy Code, 2016, involving the corporate debtor VSP Udyog Private Limited. The appellan...
- 246
Supreme Court
Supreme Court Dismisses Appeal by Dissenting Secured Creditor in Insolvency Resolution Process Under Insolvency and Bankruptcy Code, 2016. The Court upheld the commercial wisdom of the Committee of Creditors in approving a resolution plan, ruling that consideration of security interest value under Section 30(4) is a guideline not subject to judicial review under Section 61(3), absent unfair treatment within the same class.
13 May 2021The dispute arose from the corporate insolvency resolution process of VSP Udyog Private Limited, where India Resurgence ARC Private Limited, a secured...
- 239
Supreme Court
Supreme Court Dismisses Appeal in Insolvency Case Due to Lack of Financial Creditor Status. Interest-Free Term Loan Does Not Qualify as Financial Debt Under Section 5(8) of the Insolvency and Bankruptcy Code, 2016 as It Lacks Consideration for Time Value of Money.
26 Jul 2021The appeal arose under Section 62 of the Insolvency and Bankruptcy Code, 2016 (IBC) against the dismissal by the National Company Law Appellate Tribun...
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Tribunals
NCLAT Allows Appeal Against Admission of CIRP Due to Discharge of Debt Through One-Time Settlement. Financial Debt Found to Be Fully Satisfied Prior to Filing of Section 7 Application Under Insolvency and Bankruptcy Code, 2016.
3 Jul 2025The present appeal was filed under Section 61 of the Insolvency and Bankruptcy Code, 2016 (IBC) by Mr. Puneet Resutra, the erstwhile Director and Shar...
- 137
Supreme Court
Supreme Court Allows Appeals in IBC Financial Creditor Classification Case — Security Deposit for Sales Promotion Not a Financial Debt. Held that a security deposit paid under a service agreement for sales promotion does not constitute a financial debt under Section 5(8) of the Insolvency and Bankruptcy Code, 2016, as there is no disbursal for time value of money or commercial effect of borrowing.
25 Apr 2024The Supreme Court allowed appeals against NCLAT judgments that classified security deposits paid by sales promoters as financial debts under the Insol...
- 554
Supreme Court
Supreme Court Allows Appeal of Dissenting Financial Creditor in Insolvency Case on Interpretation of Amended Section 30(2)(b)(ii) - Court Holds Amendments Apply to Pending Proceedings and Entitle Creditor to Liquidation Value of Security Interest Under Insolvency and Bankruptcy Code, 2016.
3 Jan 2024The dispute arose from appeals concerning the interpretation of amended Section 30(2)(b)(ii) of the Insolvency and Bankruptcy Code, 2016. The appellan...
- 261
Tribunals
NCLAT Considers Appeal Against NCLT Order Dismissing Application to Prevent Deduction from Resolution Plan Payout in CIRP of Amtek Auto Limited. CoC's Commercial Wisdom Under IBC and Permissibility of Deduction for Pre-CIRP Recoveries Examined by Appellate Tribunal.
18 Dec 2024(1) Background: The appeal arises from the Corporate Insolvency Resolution Process (CIRP) of M/s. Amtek Auto Limited, initiated on 24 July 2017 on an ...
- 105
