Search Results for Tag : Financial Creditor

Judgments

Mere fact that majority debenture holders have not initiated any application under Section 7 of IBC, shall not preclude financial creditor to initiate the same(01.02.2023)

Present Appeal has been filed against the Order by which order, the Adjudicating Authority has admitted Section 7 Application filed by the Financial C.....

Tags : Financial creditor, Application, Allowability

Amounts covered by security deposits under the agreements constitute financial debt(25.04.2024)

Present appeals take exception to judgments and orders passed by the National Company Law Appellate Tribunal (NCLAT). The issue involved is whether th.....

Tags : Financial creditor, Provision, Applicability

News

NCLT, Kolkata: IRP Against Legal Heirs of Personal Guarantor by Financial Creditor Not Permissible(11.04.2022)

National Company Law Tribunal, Kolkata has held that the application is not maintainable against legal heirs of the Personal Guarantor under the Insol.....

Tags : National Company Law Tribunal, Financial Creditor, Personal Guarantor, Bank of Baroda

SC: Entries in Balance Sheet of Corporate Debtor Can be Treated as Acknowledgment of Liability(02.08.2022)

Supreme Court has held that the entries in Books of Account/Balance sheet of a company can be treated as acknowledgement of liability in respect of de.....

Tags : Supreme Court, Balance Sheet, Liability, Financial Creditors

SC: Financial Creditor Can be Excluded from CoC if it Got Rid of 'Related Party' Label(02.02.2021)

Supreme Court has held that a financial creditor which is not a "related party" to the corporate debtor at present can also be excluded from the Commi.....

Tags : Supreme Court, Financial Creditor

Supreme Court Upholds Homebuyers' Status of Financial Creditors(09.08.2019)

Supreme Court has upheld the Government's decision to grant homebuyers the status of financial creditors, thereby enabling them to claim their dues wh.....

Tags : Supreme Court, Financial Creditors

NCLAT:Financial Creditor Cannot Question Insolvency Proceedings Started by Another Financial Creditor(26.08.2019)

National Company Law Appellate Tribunal (NCLAT) while rejecting an appeal filed by L & T Infrastructure Finance Company Ltd ruled that a Financial Cre.....

Tags : NCLAT, Financial Creditor

SC: Certificate of Recovery in Favour of Financial Creditor Gives Fresh Cause to Initiate CIRP(05.08.2021)

Supreme Court has observed that a judgment and/or decree for money in favour of the Financial Creditor, or the issuance of a Certificate of Recovery i.....

Tags : Supreme Court, Certificate of Recovery in Favour of Financial Creditor

Supreme Court: Financial Creditor Status Meant to Protect Homebuyers' Interest(25.07.2019)

Supreme Court has observed that amendment in the Insolvency and Bankruptcy Code to give status of financial creditor to homebuyers is meant to protect.....

Tags : Supreme Court, Financial Creditor

SC Quashes NCLAT Order which held that Dissenting Financial Creditor should not be Discriminated(11.11.2019)

Supreme Court has quashed an order passed by the National Company Law Appellate Tribunal which ruled that a dissenting financial creditor cannot be di.....

Tags : SC, Financial Creditor

SC: Power of Attorney Holder of Financial Creditor Who Had Been Given Authorisation(01.10.2021)

Supreme Court has observed that the power of attorney holder of a financial creditor who has been given authorisation can file an application under Se.....

Tags : Supreme Court, Power of Attorney Holder of Financial Creditor

NCLAT: Pendency of Suit Against Financial Creditor No Bar for Starting Proceedings under Sec 7 IBC(14.10.2019)

National Company Law Appellate Tribunal has ruled that pendency of a suit filed by the corporate debtor against a financial creditor cannot restrain i.....

Tags : NCLAT, Financial Creditor

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

NCLAT: Limitation Period Applicable to Application Filed by Financial Creditor(16.03.2020)

National Company Law Appellate Tribunal has reversed the order of the National Company Law Tribunal, Ahemdabad holding that the order of admission of .....

Tags : National Company Law Appellate Tribunal, Limitation on Application by Financial Creditor