NCLAT: Can’t Set Aside Liquidation Order u/s 33 IBC When 3rd Party has Taken Possession of Property  ||  NCLAT: Unless Amendment Application Filed, Authority Can’t Suo Motu Amend Date of Default  ||  Delhi HC Directs Removal of 'Kindpan' Trademark in Petition Filed by ‘Mankind’  ||  J&K HC: Limitation for Challenging Award Starts after Signed Copy is Received by Party  ||  Delhi HC: ‘High Speed’ Not Sufficient to Conclude Driver Acted in Rash and Negligent Manner  ||  Allahabad HC: Huge Difference between Executing a Particular Document and Being a Witness  ||  Kerala HC: Can’t Consider Co-Opted Members of Bar Council as Separate Class from Elected Members  ||  J&K HC: Govt. Failing to Communicate Rejection of Detenue’s Representation in Time Vitiates Order  ||  SC: Electricity Act Empowers State Commissions to Regulate Open Access Within their Respective States  ||  SC: Limitation Begins from Date of Registration of Sale Deed that Constitutes Constructive Notice    

Search Results for Tag : Corporate Debtor

Top Story

Centre notifies Regulations for Insolvency Resolution and Bankruptcy Proceedings of Personal Guarantors to Corporate Debtors(20.11.2019)

The Insolvency and Bankruptcy Board of India (IBBI) notifies Regulations for Insolvency Resolution and Bankruptcy Proceedings of Personal Guarantors t.....

Tags : New Rules, Insolvency Resolution, Corporate debtors



News

Corporate Debtor can Withdraw Application Filed Under IBC on Making OTS Offer to Creditor : NCLT(28.01.2019)

NCLT has allowed the a corporate debtor to withdraw petition for its insolvency, though with costs, besides allowing ex-director of corporate debtor t.....

Tags : NCLT, Corporate Debtor can Withdraw Application Filed Under IBC



SC: Moratorium Does Not Apply to Proceedings in Respect of Directors/Management of Corporate Debtor(17.09.2021)

Supreme Court has observed that the moratorium ordered under Section 14 of the Insolvency and Bankruptcy Code, 2016 does not apply in respect of the d.....

Tags : Supreme Court, Proceedings in Respect of Directors/Management of Corporate Debtor



INSOLVENCY - 51% COC Vote Enough for Forensic Audit of Corporate Debtor: NCLT(08.03.2019)

National Company Law Tribunal (NCLT) has clarified that 51 per cent vote of the Committee of Creditors (CoC) is enough to initiate a forensic audit of.....

Tags : NCLT, Forensic Audit, Corporate Debtor



SC: Corporate Debtor Only Offering Security by Pledging Shares Not a Financial Creditor(04.02.2021)

Supreme Court has held that if a corporate debtor has only offered security by pledging shares, without undertaking to discharge the borrower's liabil.....

Tags : Supreme Court, Corporate Debtor



NCLAT: COC's Decision For Liquidation Is Open To Judicial Review By NCLT And NCLAT(19.10.2022)

National Company Law Appellate Tribunal, Delhi has ruled that when the Committee of Creditors (CoC) decides to liquidate the Corporate Debtor, the dec.....

Tags : National Company Law Appellate Tribunal, Committee of Creditors, Corporate Debtor, liquidation



NCLT Can't Decide Inter-Se Claims by Parties Over Assets of Corporate Debtor: NCLAT(05.02.2019)

National Company Law Appellate Tribunal has held that inter-se claims by parties over assets of the corporate debtor cannot be determined by the Adjud.....

Tags : NCLAT, Inter-Se Claims by Parties Over Assets of Corporate Debtor



SC: Proceedings Against Corporate Debtor Would End Once Resolution Plan is Approved(01.02.2021)

Supreme Court has clarified that proceedings against a corporate debtor over money-laundering charges would end once a resolution plan is approved, bu.....

Tags : Supreme Court, Proceedings Against Corporate Debtor



SC: Person Having Security Interest Over Property of Corporate Debtor Not 'Financial Creditor'(27.02.2020)

Supreme Court has upheld the order of National Company Law Tribunal which cancelled the mortgages made by Jaypee Infratech Ltd to secure the debts of .....

Tags : Supreme Court, Mortgage by Corporate Debtor to Secure Debts



Telangana HC: Scrutiny By IT Department Barred For The Period Covered By The Resolution Plan(28.01.2022)

Telangana High Court has observed that for the period covered by the Resolution Plan, Income Tax Department cannot carry out any scrutiny or assessmen.....

Tags : Income Tax Act, Insolvency and Bankruptcy Code, Corporate Debtor, Financial Creditor



All HC: Guarantor’s Liability Doesn’t Absolve by Itself Upon Approval of Resolution Plan(16.01.2023)

Allahabad High Court has held that approval of a resolution plan under Section 31 of the IBC, does not ipso facto absolve the surety/guarantor of the .....

Tags : Allahabad High Court, Corporate Debtor, Guarantor’s Liability, Resolution Plan



SC: RP Can Take Control of Corporate Debtor's Rights in Assets Licensed to Third Parties(16.03.2023)

Supreme Court has held that Resolution Professional (RP) is entitled to take control of the rights of a corporate debtor in assets which are licensed .....

Tags : Supreme Court, Corporate Debtor, Resolution Professional



SC: NCLT Has to Admit Section 7 Petition if Debt is Due(15.05.2023)

Supreme Court while observing that even non¬-payment of a part of debt when it becomes due and payable will amount to default on part of a Corporate D.....

Tags : Supreme Court, Corporate Debtor, Insolvency and Bankruptcy Code



NCLT, Kolkata: Corporate Debtor Cannot Be Sent Into Liquidation(08.04.2022)

National Company Law Tribunal, Kolkata has observed that just because the liquidation value is being projected higher than the value of the resolutio.....

Tags : National Company Law Tribunal, liquidation value, resolution plan, Corporate Debtor, liquidation



NCLAT: Claims of Homebuyers Reflected in Corporate Debtor Records Must be Shown in Information Memo(03.06.2022)

National Company Law Appellate Tribunal (NCLAT) Principal bench has held that the claims of those homebuyers who could not file their claims within st.....

Tags : NCLAT, Homebuyers, Corporate Debtor



NCLAT: Can Admit Application u/s 7 of IBC if Interest on Principal Amount Crosses Threshold Limit(02.12.2024)

NCLAT Delhi bench has held that application under Section 7 of Insolvency and Bankruptcy Code, 2016 can be admitted if interest on principle amount di.....

Tags : NCLAT Delhi, Principal Amount, Corporate Debtor



NCLAT: Amount Belonging to Corpo. Debtor Can be Recovered by Liquidator by Filing Application u/s 60(02.12.2024)

NCLAT New Delhi bench has held that amount belonging to the Corporate Debtor can be recovered by Liquidator by filing an application under Section 60(.....

Tags : NCLAT New Delhi, Corporate Debtor, Liquidator



NCLAT: Insolvency Cannot be Initiated on Basis of Unpaid LTC And Leave Encashment Dues(16.05.2022)

National Company Law Appellate Tribunal, has ruled that the welfare claims such as Leave Encashment, superannuation dues are not operational debt for .....

Tags : National Company Law Appellate Tribunal, Leave Encashment, Corporate Debtor, Section 9, Insolvency & Bankruptcy Code, 2016, superannuation dues



NCLAT: Can’t Admit Application u/s 9 of IBC When Debt is Discharged after Receipt of Demand Notice(21.03.2025)

NCLAT New Delhi bench has held that application under Section 9 of the Insolvency and Bankruptcy Code, 2016 cannot be admitted if the corporate debtor.....

Tags : NCLAT New Delhi, Section 9, Corporate Debtor



NCLAT: Fresh Limitation Period Commences from Date when CD Signs Balance Sheet(27.03.2025)

NCLAT New Delhi bench has held that for the purpose of filing an application under section 7 of the Insolvency and Bankruptcy Code, 2016 fresh period .....

Tags : NCLAT New Delhi, Fresh Limitation Period, Corporate Debtor



NCLAT: Injecting Funds in CD for Profits Would Come within Definition of Financial Debt(24.02.2025)

NCLAT New Delhi bench has held that infusion of funds in the Corporate Debtor (CD) with the purpose of generating profits would come within the defini.....

Tags : NCLAT New Delhi, Financial Debt, Corporate Debtor



NCLAT: When CD Doesn’t Unequivocally Admit Debt, Application u/s 9 Must Not be Entertained(28.02.2025)

NCLAT New Delhi bench has held that when the debt is not unequivocally admitted by the Corporate Debtor (CD), application under Section 9 of the Insol.....

Tags : NCLAT New Delhi, Section 9, Corporate Debtor



NCLAT: Resolution Plan of Corporate Debtor to be Proceeded Strictly(10.03.2025)

NCLAT New Delhi bench while dismissing an appeal filed by the suspended directors of the Supertech Township Projects Ltd, has stated that resolution p.....

Tags : NCLAT New Delhi, Resolution Plan, Corporate Debtor



NCLAT: Can’t Bar Petition u/s 7 of IBC for Default Committed Prior to S.10A Period(13.12.2024)

NCLAT New Delhi bench has held that a petition under section 7 of Insolvency and Bankruptcy Code, 2016 cannot be barred for any default which has been.....

Tags : NCLAT New Delhi, Corporate Debtor, IBC



NCLAT: If Settlement Fails, Deposit for One Time Settlement Proposal Remains Corp. Debtor's Asset(16.12.2024)

NCLAT New Delhi bench has held that the amount deposited by the Corporate Debtor with the bank in pursuance of One Time Settlement shall remain the co.....

Tags : NCLAT New Delhi, One Time Settlement, Corporate Debtor



NCLAT Upholds Canara Bank’s Claims for Loans Advanced to CD on behalf of Homebuyers(14.01.2025)

NCLAT New Delhi bench has upheld the claims of Canara Bank for loans advanced to the corporate debtor (CD) on behalf of the Homebuyers for the reason .....

Tags : NCLAT New Delhi, Canara Bank, Corporate Debtor



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: When Revival Not Viable Option, Decision to Liquidate Corporate Debtor can’t be Faulted(31.01.2025)

NCLAT New Delhi bench has held that when revival of corporate debtor is not a viable option, then the decision taken by Committee of Creditors to liqu.....

Tags : NCLAT New Delhi, Corporate Debtor, Viable Option



NCLAT: Project Management Committee Constituted under Agreement Doesn’t Absolve CD from Obligations(12.02.2025)

NCLAT New Delhi bench has held that if a Project Management Committee comprising members of financial creditors and corporate debtor has been constitu.....

Tags : NCLAT New Delhi, Project Management Committee, Corporate Debtor



NCLAT: Even if No Reply is Given to Demand Notice, CD Not Barred from Contesting App. u/s 9(18.02.2025)

NCLAT New Delhi bench has held that Corporate Debtor cannot be barred from contesting the application filed under section 9 of IBC even if no reply wa.....

Tags : NCLAT New Delhi, Corporate Debtor, Operational Creditor



NCLAT: If No Lease Deed is Shown by 3rd Party, Machinery Hypothecated by CD Remains Its Asset(18.02.2025)

NCLAT New Delhi bench has held that if no lease deed is shown under which third party is claiming to be the owner of the machinery hypothecated by Cor.....

Tags : NCLAT New Delhi, Corporate Debtor, Lease Deed



Judgments

If the delay in possession is due to Force Majeure, it cannot be claimed that the Corporate Debtor defaulted in delivering the possession.(22.01.2020)

The Respondents, in the present case, had booked an apartment in a residential project. The Corporate debtor had issued a joint allotment letter and e.....

Tags : Corporate Debtor, Possession



Proceedings under the SARFAESI Act cannot be continued against corporate debtor, once the CIRP is initiated and the moratorium is ordered(18.05.2022)

Present appeal challenges the judgment passed by the National Company Law Appellate Tribunal, Principal Bench, New Delhi ( “the NCLAT”), thereby dismi.....

Tags : Sale, Assets, Corporate Debtor



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