Search Results for Tag : Adjudicating Authority
News
Delhi HC Seeks Status of Appointments of Chairperson & Members in Adjudicating Authority(06.12.2021)
Delhi High Court has sought status of appointments for Chairperson, Member (Administration) and Member (Law) in Adjudicating Authority under the Preve.....
Tags : Delhi High Court, Appointments of Chairperson & Members in Adjudicating Authority
Patna HC: Govt Counsel Cannot Defend Order Passed by Adjudicating Authority(31.01.2022)
Patna High Court has held that when an order passed by the adjudicating authority is challenged before the Court, the same cannot be defended by the G.....
Tags : Patna High Court, Order Passed by Adjudicating Authority
NCLAT: Penalty Can Only be Under IBC Code and Not Companies Act Before Adjudicating Authority(22.02.2022)
National Company Appellate Law Tribunal has held that when proceedings before the Adjudicating Authority are being carried out under the Insolvency an.....
Tags : National Company Appellate Law Tribunal, Proceedings Before Adjudicating Authority
NCLAT: AA Can Consider Any Application Arising Out Of Sale In Liquidation(19.10.2022)
National Company Law Appellate Tribunal, Delhi has observed that the Adjudicating Authority (AA) is empowered to consider any application filed by the.....
Tags : National Company Law Appellate Tribunal, Liquidator, Auction, Adjudicating Authority
Telangana High Court: Members Without Legal Experience Can Form Part of Adjudicating Authority(13.02.2024)
Telangana High Court has held that the 'adjudicating authority' constituted under Section 6 of the Prevention of Money Laundering Act, 2002 (PMLA) can.....
Tags : Telangana High Court, Adjudicating Authority, Section 6 of PMLA
Mad. HC: Juri. Akin to Revisional Juri. Must be Exercised by Adj. Authority to Assess Correctness(10.06.2024)
Mad. HC has observed that even though Adjudicating Authority may not sit in appeal over commercial wisdom of Committee of Creditors, still it is requi.....
Tags : Madras High Court, Committee of Creditors, Adjudicating Authority
NCLAT: Application u/s 9 of IBC to be Rejected if Plausibility of Pre-Existing Dispute Established(29.11.2024)
NCLAT New Delhi Bench has held that once plausibility of a pre-existing dispute is established, application under Section 9 of Insolvency and Bankrupt.....
Tags : NCLAT New Delhi, Pre-Existing Dispute, Adjudicating Authority
Bom. HC: Authority Processing Duty Credit Scrip Application is the Adjudicating Authority for Appeals(13.12.2024)
Bombay High Court has held that authority processing applications for duty credit scrip entitlement shall be the 'adjudicating authority' for appeals .....
Tags : Bombay High Court, Adjudicating Authority, Foreign Trade Act
NCLAT: Claims Subsequent to Cut-off Date to be Dealt as Per RP by Adjudicating Authority(14.01.2025)
NCLAT New Delhi bench has held that claims that are filed subsequent to cut off date shall be dealt in accordance with the Resolution Plan approved by.....
Tags : NCLAT New Delhi, Adjudicating Authority, Cut-off Date
NCLAT: While Dismissing Appeal for Non-Prosecu., Adj. Authority Can’t Direct Dismissal on Merits Too(14.01.2025)
NCLAT New Delhi bench has held that when an adjudicating authority dismisses an appeal on ground of non- prosecution, it cannot add a direction that a.....
Tags : NCLAT New Delhi, Adjudicating Authority, Non-Prosecution
NCLAT: Adjudicating Authority Can’t Decide Workers' Claims for Layoff Period Dues under ID Act(14.01.2025)
NCLAT New Delhi bench has held that it is not within the domain of the Adjudicating Authority to decide whether the workers are entitled to claim thei.....
Tags : NCLAT New Delhi, Adjudicating Authority, Layoff Period
NCLAT: Can Seek Eviction of Tenant from Corporate Debtor's Property under Tenancy Law(14.01.2025)
NCLAT New Delhi bench has held that eviction of tenant from corporate debtor’s property can be sought under Tenancy law and Adjudicating Authority can.....
Tags : NCLAT New Delhi, Corporate Debtor, Adjudicating Authority
NCLAT: Can Recall Admission Order of Application U/S 7 of IBC if Malicious Intent is Proved(20.01.2025)
NCLAT New Delhi bench has held that the Adjudicating Authority has jurisdiction under the Insolvency and Bankruptcy Code, 2016(IBC) to recall admissio.....
Tags : NCLAT New Delhi, Adjudicating Authority, IBC
Gujarat High Court, 4% Reservation, Persons With Disabilities(22.01.2025)
NCLAT New Delhi bench has held that adjudicating authority can decide issue of maintainability of application under section 7 of Insolvency and Bankru.....
Tags : NCLAT New Delhi, Adjudicating Authority, Substantive Issues
NCLAT: Can Recall Orders u/s 11 of NCLT Rules if Obtained through Fraud(27.01.2025)
NCLAT New Delhi bench has held that an Adjudicating Authority can always exercise its inherent jurisdiction and recall orders obtained through fraud u.....
Tags : NCLAT New Delhi, Adjudicating Authority, Inherent Jurisdiction
NCLAT: Withdrawal of Liquidation App. Permitted When CoC file App. for Extension of CIRP Time Period(30.01.2025)
NCLAT New Delhi bench has observed that when the CoC has already taken decision to file an application for extension of CIRP time period and granted p.....
Tags : NCLAT New Delhi, Adjudicating Authority, Time Period
NCLAT: CoC Can’t Consider Other Plan Once RP is Approved by CoC & Submitted to Authority(13.02.2025)
NCLAT New Delhi bench has held that Committee of Creditors (CoC) cannot consider any other plan once it has approved the Resolution Plan (RP) and subm.....
Tags : NCLAT New Delhi, Resolution Plan, Adjudicating Authority
NCLAT: Can’t Question Order Approving RP When Application Seeking Approval Filed within Time(03.03.2025)
NCLAT New Delhi bench has held that when an order approving the Resolution Plan (RP) is passed by the Adjudicating Authority after expiry of 330 days .....
Tags : NCLAT New Delhi, Resolution Plan, Adjudicating Authority
NCLAT: Time Extension for Payment of Sale Consid. Beyond 90 Days Can Only be Done by Adj. Authority(21.03.2025)
NCLAT New Delhi bench has held that only the adjudicating authority can extend the time for payment of sale consideration beyond 90 days under Schedul.....
Tags : NCLAT New Delhi, Adjudicating Authority, Sale Consideration
NCLAT: Post-Submission, CoC Can’t Remit Approved Resolution Plan(21.03.2025)
NCLAT New Delhi bench has held that Committee of Creditors (CoC) cannot remit Resolution Plan for fresh consideration once it has been approved by CoC.....
Tags : NCLAT New Delhi, Committee of Creditors, Adjudicating Authority
NCLAT: Can’t Recall Order Passed after Considering Materials Important for Determination of Issue(27.03.2025)
NCLAT New Delhi bench has held that if an order has been passed by Adjudicating Authority after consideration of all the necessary materials that are .....
Tags : NCLAT New Delhi, Adjudicating Authority, Determination of Issue
NCLAT: Adjudicating Authority Must Conduct Independent Assessment under IBC(07.04.2025)
NCLAT New Delhi bench has held that while considering the report of the Resolution Professional submitted under Section 99 of the Insolvency and Bankr.....
Tags : NCLAT New Delhi, Independent Assessment, Adjudicating Authority
NCLAT: In Absence of Express Agreement between Parties Authority Can’t Assume Appl. of Interest(21.04.2025)
NCLAT New Delhi bench has held that unless there is a specific contract between the parties the Adjudicating Authority cannot presume the applicabilit.....
Tags : NCLAT New Delhi, Express Agreement, Adjudicating Authority
NCLAT: Adjudica. Authority Can’t Ignore Sufficient Material to Show Dispute u/s 9(5)(ii)(d) of IBC(30.04.2025)
NCLAT New Delhi bench has held that if there is sufficient material to show existence of a dispute under Section 9(5)(ii)(d) of the Insolvency and Ban.....
Tags : NCLAT New Delhi, Sufficient Material, Adjudicating Authority
NCLAT: When No Objections Raised by Stakeholders Adj. Authority Not Justified in Rejecting Plan(23.05.2025)
NCLAT New Delhi bench has held that the Adjudicating Authority cannot reject the Resolution Plan under section 31 of the Insolvency and Bankruptcy Cod.....
Tags : NCLAT New Delhi, Adjudicating Authority, Corporate Debtor