Barun Mitra (Technical Member) Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘A One Time Settlement agreement cannot extend the date of default’; NCLAT dismisses Samrat Restaurant’s CIRP plea

The NCLAT held the appellant’s claim was inflated, and the Adjudicating Authority rightly recalculated the actual unpaid amount, which fell below the Rs 1 crore threshold.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT affirms dismissal of minority homebuyers’ challenge to Resolution Plan; says it does not fall foul of law on reduction in claim

The democratic principles of the determinative role of majority opinion are enshrined in the IBC, and objections by a minority within a class, when the majority has approved a resolution plan, have no legal standing.

Case Briefs Tribunals/Commissions/Regulatory Bodies

[Go Airlines] NCLAT allows inspection of leased Aircraft Engines

NCLAT held that the impugned order passed by the Adjudicating Authority is at a prima facie stage and should not be treated as a final expression of opinion.