Search Results for Tag : NCLAT New Delhi

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NCLAT: Submission of Status Report in Cr. Proceeding Won’t Have Bearing While Deciding App u/s 7 IBC(26.12.2024)

NCLAT New Delhi bench has held that while deciding an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 submission of status rep.....

Tags : NCLAT New Delhi, Status Report, Criminal Proceeding

NCLAT: Can’t Challenge Non-Admission of Claim by RP for the First Time in Appeal(19.12.2024)

NCLAT New Delhi bench has held that if non - admission of claim by Resolution Professional is not challenged before the Adjudicating Authority then th.....

Tags : NCLAT New Delhi, Non-Admission, Resolution Professional

NCLAT: If Ownership Uncertain, Non-Impleadment of Owner as Party in App. u/s 19 of IBC Not Malafide(23.12.2024)

NCLAT New Delhi bench has held that if there is uncertainty over the ownership of the premises then non-impleadment of owner in an application under S.....

Tags : NCLAT New Delhi, Non-Impleadment, Malafide

NCLAT: Authority Can’t Pass Adverse Remarks against RP Performing Duties as Per CoC’s Instruction(05.12.2024)

NCLAT New Delhi bench has held that the Adjudicating Authority cannot pass adverse remarks against the Resolution Professional who is performing dutie.....

Tags : NCLAT New Delhi, Adverse Remarks, Committee of Creditors

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: 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: Can Set Aside Fraudulent Initiation of CIRP while hearing appeal u/s 61 of IBC(02.12.2024)

NCLAT New Delhi bench has held that while hearing an appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016, NCLAT can set aside fraudule.....

Tags : NCLAT New Delhi, CIRP, Section 61

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: In Case of Personal Guarantor, Date of Default Depends on Contract of Guarantee’s Terms(20.12.2024)

NCLAT New Delhi bench has held that liability of a Guarantor arises from the contract of guarantee and hence the date of default in the case of the gu.....

Tags : NCLAT New Delhi, Personal Guarantor, Date of Default

NCLAT: Can’t Extend CIRP beyond 330 Days u/s 12(3) of IBC Unless Exceptional Circumstances Present(19.12.2024)

NCLAT New Delhi bench has held that, under Section 12(3) of Insolvency and Bankruptcy Code, 2016 the maximum timeline prescribed for CIRP is 330 days .....

Tags : NCLAT New Delhi, Exceptional Circumstances, CIRP

NCLAT: RP Can Withdraw Application u/s 12A of IBC Before it is Heard or Allowed(26.12.2024)

NCLAT New Delhi bench has held that a Resolution Professional can withdraw a CIRP withdrawal application under Section 12 of the Insolvency and Bankru.....

Tags : NCLAT New Delhi, Resolution Professional, CIRP

NCLAT: Secured Creditor to Pay Liquidator's Fees Under Regulations if Option u/s 52 IBC Exercised(13.12.2024)

NCLAT New Delhi bench has held that if the secured creditor opts to realise its security interest under Section 52 of the Insolvency and Bankruptcy Co.....

Tags : NCLAT New Delhi, Secured Creditor, Liquidation Regulations

NCLAT: If Liquidation Cost Not Paid as Per Regulations, Security Interest Shall Stand Relinquished(11.12.2024)

NCLAT New Delhi bench has held that if the secured creditor does not pay the liquidation costs as per Regulation 21A(3) of the Liquidation Regulations.....

Tags : NCLAT New Delhi, Security Interest, Liquidation Cost

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

NCLAT: Resolution Plan Approved by Committee of Creditors is Binding on All Stakeholders(20.12.2024)

NCLAT New Delhi bench has held that Resolution Plan approved by the Committee of Creditors (CoC) shall be binding on all the stakeholders including th.....

Tags : NCLAT New Delhi, Committee of Creditors, Resolution Plan