Search Results for Tag : Operational
Statute
Model Shops and Establishments (Regulation of Employment and Conditions of Service) Bill, 2016(29.06.2016)
The Union Cabinet looked into disseminating the Model Shops and Establishment (Regulation of Employment and Conditions of Service) Bill, 2016 to State.....
Tags : labour, retail, operational freedoms, night shift
News
Operational Creditors should Get a Say and Vote in Insolvency Process: SC(14.12.2018)
Supreme Court has observed that Operational creditors of companies undergoing the corporate insolvency resolution process should have a say in the com.....
Tags : Supreme Court, Operational Creditors, Insolvency Process
NCLT, Mumbai: Advance Amount Received by Property Owner is Operational Debt(18.01.2021)
National Company Law Tribunal (NCLT), Mumbai has ruled that the advance amount received by a property owner from the real-estate developer for a re-de.....
Tags : National Company Law Tribunal, Operational Debt
COMPANY - Statutory Dues of Companies are Operational Debt: NCLAT(22.03.2019)
National Company Law Appellate Tribunal (NCLAT) has held that statutory liability, including income tax and value added tax dues, of debt-ridden compa.....
Tags : NCLAT, Statutory Dues of Companies, Operational Debt
NCLAT, New Delhi: Interest Alone Cannot Be Construed as Operational Debt(13.02.2020)
National Company Law Appellate Tribunal (NCLAT), New Delhi has held that claim amount towards Interest on loan alone, cannot be termed as an ‘Operatio.....
Tags : National Company Law Appellate Tribunal, Operational Debt
SC: Operational Creditor Includes All Those Who Provide or Receive Operational Services(07.02.2022)
Supreme Court has observed that operational creditor includes all those who provide or receive operational services from the corporate debtor, which u.....
Tags : Supreme Court, Operational Creditor
Delhi High Court: Deployment of CISF Personnel Shall be Based on Operational Requirements(27.02.2024)
Delhi High Court has stated that deployment of Central Industrial Security Force (CISF) personnel can either be in India or Abroad and such posting sh.....
Tags : Delhi High Court, Central Industrial Security Force, Operational Necessities
Judgments
A registered trade union can maintain a petition as an operational creditor on behalf of its members(30.04.2019)
The present appeal raises an important question as to whether a trade union could be said to be an operational creditor for the purpose of the Insolve.....
Tags : Operational creditor, Trade union, Representation
NCLAT, Delhi: Operational Creditor is At Liberty to File Legal Proceedings to Recover Claims(21.02.2022)
National Company Law Appellate Tribunal (NCLAT), Delhi has held that the Operational Creditor is at liberty to file appropriate legal proceedings to r.....
Tags : National Company Law Appellate Tribunal, Operational Creditor
Supreme Court Explains: Debt Becoming Financial & Operational Debt(27.04.2024)
SC has explained that where a party owes debt to another and when creditor is claiming under written agreement/arrangement providing for rendering ser.....
Tags : Supreme Court, Operational Debt, Financial Debt
Registered Trade Union can File Insolvency Petition as Operational Creditor: SC(01.05.2019)
Supreme Court has held that a registered trade union can maintain a petition as an operational creditor on behalf of its members.
Tags : Supreme Court, Operational Creditor, Registered Trade Union
Delhi HC Issues Notice to Directorate of Education Over Inoperational School Building Since 2014(17.03.2022)
Delhi High Court has issued notice to the Directorate of Education, Delhi government, over non-utilization of a full-fledged school building, purporte.....
Tags : Delhi High Court, Inoperational School Building
SEBI Opens Fresh Avenues for Firms to List on Nation-Wide Bourses(12.10.2016)
Securities and Exchange Board of India (SEBI) in order to safeguard investors of firms listed on non-operational bourses, has allowed such companies t.....
Tags : SEBI , non-operational bourses
SC Stays CIRP Proceedings on Behalf of Operational Creditor Making Futuristic Claims(17.08.2020)
Supreme Court has stayed the Corporate Insolvency Resolution Process (CIRP) pending against a Corporate Debtor, in view of the "futuristic claims" mad.....
Tags : Supreme Court, Operational Creditor Making Futuristic Claims
NCLT: Salary During Notice Period Does Not Fall Within the Definition of 'Operational Debt' Under IBC(26.05.2022)
National Company Law Tribunal, Mumbai Bench has held that salary for purported notice period amounts to specific performance of the appointment letter.....
Tags : National Company Law Tribunal, Operational Debt, Operational Creditor
Lease of Immoveable Property cannot be considered as supply of goods or rendering a service, and cannot fall under the definition of ‘Operational Debt’(17.01.2020)
In the present case, the Appellant was the Corporate Debtor of the Respondents/ Petitioners, Lessors of industrial Premises. That tenancy of the Appel.....
Tags : Operational Debt, Immovable Property
Interest alone cannot be construed as operational debt(11.02.2020)
Present appeal emanates from the order passed by the Adjudicating Authority on the application filed under Section 9 of the Insolvency and Bankruptcy .....
Tags : Delayed payment, Interest, Operational Debt
RBI Issues Gold Bonds Operational Guidelines(05.11.2015)
Reserve Bank has issued operational guidelines for Sovereign Gold Bonds, 2015-16 and mandated some operational procedures for Commercial banks and pos.....
Tags : Reserve Bank of India, Commercial banks , post offices, Gold Bonds Operational Guidelines
NCLT: IBC Doesn’t Have Provision to Issue Multiple Demand Notices before Filing Petition u/s 9(24.12.2024)
NCLT New Delhi bench has held that the Insolvency and Bankruptcy Code, 2016 doesn’t contain a provision that allows Operational Creditor to issue mult.....
Tags : NCLT New Delhi, Multiple Demand Notices, Operational Creditor
IBBI Asks to Furnish Extracts of GSTR-1, GSTR-3B & E-Way Bills Along With Application(17.06.2022)
Insolvency and Bankruptcy Board of India (IBBI) has notified that the operational creditors shall furnish extracts of GSTR-1, GSTR-3B and e-way bills,.....
Tags : IBBI, GSTR, Operational Creditors
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: Approval of RP Can’t be Questioned by OC When Provided with More than Liquidation Value(07.03.2025)
NCLAT New Delhi bench has held that Operational Creditors cannot question Resolution Plan approved by the Adjudicating Authority when they are provide.....
Tags : NCLAT New Delhi, Operational Creditors, Resolution Plan
NCLAT: OC Can Trigger CIRP Process Only When there is an Undisputed Debt(17.03.2025)
NCLAT New Delhi bench has held that Operational Creditor (OC) can trigger CIRP Process only when there is existence of an undisputed debt and default .....
Tags : NCLAT New Delhi, Operational Creditor, Undisputed Debt
A registered trade union can maintain a petition as an operational creditor on behalf of its members(30.04.2019)
The present appeal raises an important question as to whether a trade union could be said to be an operational creditor for the purpose of the Insolve.....
Tags : Operational creditor, Trade union, Representation
Application under Section 9 of the IBC after completion of the Corporate Insolvency Resolution Process against Corporate Debtor is not maintainable(13.06.2022)
Present is a Company Petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) by Bharat Pipe Fitting Co. (Operational Creditor.....
Tags : Operational Creditor, Right, CIRP
Notifications & Circulars
Issuance of press release regarding management of operational risks inherent in the functioning of banks with respect to the SWIFT Infrastructure(20.02.2018)
Reserve Bank of India (RBI), as part of its ongoing efforts for strengthening of the supervisory framework in the country, has been issuing necessary .....
Tags : Management, Operational risks, Banks, Functioning
More than 280 units in SEZs, manufacturing essential items like pharmaceuticals and hospital devices are operational(31.03.2020)
Special Economic Zones (SEZs) have been a significant contributor to the exports from India over the past years, contributing approximately 18% of Ind.....
Tags : SEZs, Essential items, Operational
NCLAT: Can’t Maintain Joint Application if Individuals Claims do Not Meet Threshold Limit(05.05.2025)
NCLAT New Delhi bench has held that a joint application filed by operational creditors under Section 9 of the Insolvency and Bankruptcy Code, 2016 sha.....
Tags : NCLAT New Delhi, Joint Application, Operational Creditor
NCLAT Dismisses Appeal by a Contractor against DLF(06.05.2025)
NCLAT New Delhi bench has dismissed an appeal filed by a contractor against DLF u/s 61 of IBC, 2016 claiming a debt and stated that multiple exchanges.....
Tags : NCLAT New Delhi, Corporate Debtor, Operational Creditor
NCLT Delhi: If Contract Prohibits Interest, Operational Creditor Cannot Claim it(13.05.2025)
NCLT New Delhi bench has held that an Operational Creditor cannot claim interest on the amount due if the contract prohibits charging of the interest.
Tags : NCLT New Delhi, Operational Creditor, Contract
NCLT Delhi: Can’t Adjust Payment Made for Specific Invoice Against Back Dated Invoices(13.05.2025)
NCLT New Delhi bench has held that if a Corporate Debtor makes a payment against a specific invoice raised by the Operational Creditor then such payme.....
Tags : NCLT New Delhi, Corporate Debtor, Operational Creditor
Operational guidelines for transfer and dematerialization of re-lodged physical shares(02.12.2020)
1. SEBI, vide circular no. SEBI/HO/MIRSD/RTAMB/CIR/P/2020/166 dated September 07, 2020, has fixed March 31, 2021 as the cut-off date for re-lodgment o.....
Tags : Operational guidelines, Transfer, Shares
Operationalisation of new online IT Module for Interest Equalisation Scheme(15.03.2022)
1. Attention of the trade and industry is drawn towards the extension of the Interest Equalisation Scheme (IES) upto 31.3.2024, as notified by RBI vid.....
Tags : Operationalisation, IT Module, Scheme
Revision to operational circular for issue and listing of Non-convertible Securities, Securitised Debt Instruments, Security Receipts, Municipal Debt Securities and Commercial Paper(08.03.2022)
1. Chapters I and II of the Operational Circular no. SEBI/HO/DDHS/P/CIR/2021/613 dated August 10, 2021, issued by SEBI, provides the procedures pertai.....
Tags : Revision, Operational circular, Non-convertible Securities
Re-operationalisation of Scrip Transfer Recording Module(11.04.2022)
1. Consequent to receiving certain information from exporters that certain fraudulent scrip transfers have taken place, the Online scrip transfer reco.....
Tags : Re-operationalisation, Scrip Transfer, Module
Operational Guidance - Amendment to Securities and Exchange Board of India (Buy-back of Securities) Regulations, 2018(08.03.2023)
1. SEBI has notified Securities and Exchange Board of India (Buy-Back of Securities) (Amendment) Regulations, 2023 on February 07, 2023. The link for .....
Tags : Operational Guidance, Amendment, Buy-back of Securities
RBI releases 'Draft Master Direction on Minimum Capital Requirements for Operational Risk'(15.12.2021)
As part of convergence of the Reserve Bank's regulations for banks with Basel III standards, the Reserve Bank of India has today placed on its website.....
Tags : Draft, Master Direction, Operational Risk
Modification in the Operational Guidelines for FPIs, DDPs and EFIs pertaining to FPIs registered under Multiple Investment Managers (MIM) structure(26.09.2022)
1. SEBI, vide circular number IMD/FPI&C/CIR/P/2019/124 dated November 05, 2019, had issued Operational Guidelines for FPIs, DDPs and EFIs (hereinafter.....
Tags : Modification, Operational Guidelines, FPIs
Guidance Note on Operational Risk Management and Operational Resilience(30.04.2024)
1. Purpose.
1.1 Operational Risk is inherent in all banking/ financial products, services, activities, processes, and systems. Effective mana.....
Tags : Guidance Note, Operational Risk Management, Operational Resilience
Banking Regulation Act, 1949 - Section 26A Depositor Education and Awareness Fund Scheme, 2014 - Operational Guidelines - Payment of Interest(07.06.2018)
Please refer to the circular DBOD.No.DEA Fund Cell.BC.126/30.01.002/2013-14 dated June 26, 2014 on the captioned subject, wherein Reserve Bank had spe.....
Tags : Interest Rate, Payment, Operational Guidelines
Modification in operational guidelines for FPIs and DDPs pursuant to amendment in SEBI (Foreign Portfolio Investors) Regulations, 2019(04.08.2021)
1. Section 9A of the Income Tax Act, 1961 (IT Act) was introduced by the Finance Act 2015 and subsequently amended vide Finance Act 2020 to facilitate.....
Tags : Modification, Operational guidelines, FPIs, DDPs