NCLT| Can Resolution Professional submit report prior to Adjudicating Authority’s direction?
National Company Law Tribunal, New Delhi: In a case where a Resolution Professional (RP) had submitted a report even prior to the
IBC
Can Lease Rental come under the purview of ‘Operational Debt’? NCLAT elucidates
National Company Law Tribunal, New Delhi: The Bench of Ashok Bhushan J., Chairperson, Rakesh Kumar Jain and Rakesh Kumar, JJ,
IBC| Once CIRP is initiated and moratorium is ordered, proceedings under SARFAESI Act cannot continue: Supreme Court
Supreme Court: The bench of L. Nageswara Rao and BR Gavai*, JJ has held that the proceedings under the Securitisation and Reconstruction
Fair and Equitable Distribution Clauses in Resolution Plans – Is Section 30(2)(B) of Insolvency and Bankruptcy Code, 2016 Being Illusory for Operational Creditors?
by Swarnendu Chatterjee†, Hussanpreet Kaur Dhaliwal†† and Shivank Kumar†††
Cite as: 2022 SCC OnLine Blog Exp 52
Supreme Court June 2022 Roundup| Clean chit to PM Modi; Maharashtra Political Crisis; Psychological Evaluation of Death Row Convicts; and more
Top Stories of the Month Clean Chit to PM Modi in 2002 Gujarat riots case “SIT Officials have come out with flying
NCLT| Ongoing or fresh debt related legal proceedings against personal guarantor should remain stayed during interim moratorium period
National Company Law Tribunal, Kolkata Bench I: The Bench of Rajasekhar V.K., judicial member and Balraj Joshi, technical member has held that
The Castaways – Resolution Applicants under the IBC
by Aditya Bapat†
Liability in respect of a claim arising out of a Recovery Certificate is a “financial debt” under Section 5(8) of the IBC: Supreme Court
Supreme Court: The 3-judge bench of L. Nageswara Rao, BR Gavai* and AS Bopanna, JJ has held that a liability in respect
Article 1 of Limitation Act deals with suits relating to accounts: NCLAT highlights scope of Art. 137 of Limitation Act
National Company Law Appellate Tribunal, New Delhi (NCLAT): The Coram of Justice Ashok Bhushan (Chairperson) and Dr Alok Srivastava (Technical Member) observed
Whether salary during notice period falls within definition of Operational Debt under IBC : Read NCLT’s decision
National Company Law Tribunal, Mumbai Bench (NCLT): The Coram of H.V. Subba Rao, Judicial Member and Chandra Bhan Singh, Technical Member deliberated
Whether fixation of salary of the MD is within the domain of IBC? NCLAT explains
National Company Law Appellate Tribunal, New Delhi (NCLAT): The Coram of Justice Ashok Bhushan (Chairperson) and Shreesha Merla (Technical Member) held that
Can territorial jurisdiction of NCLT be decided on basis of a Facility Agreement between parties? NCLAT answers
National Company Law Appellate Tribunal, New Delhi (NCLAT): The Coram of Justice Ashok Bhushan (Chairperson) and Shreesha Merla (Technical Member) held that,
Can mere filing of proceedings under S. 7 IBC be treated as an embargo on Court exercising jurisdiction under S. 11 of Arbitration & Conciliation Act? Bom HC explains
Bombay High Court: A very interesting question was considered by G.S. Kulkarni, J., the question being, whether mere filing of a proceeding
Supreme Court March 2022 Roundup: Notice to BCI on All India Bar Exam; Discrimination of women, disabled persons at workplace; POCSO and more
“Women are subject to a patriarchal mindset that regards them as primary caregivers and homemakers and thus, they are burdened with
National Company Law Tribunal orders insolvency proceedings against Supertech: Indebted and defaulted repayment of loan
National Company Law Tribunal, New Delhi: The Coram of P.N. Prasad, Judicial Member and Rahul Bhatnagar, Technical Member, declared insolvency proceedings against
Can Additional Sessions Judge or Sessions Judge try offences under Insolvency and Bankruptcy Code, 2016? Bom HC answers
Bombay High Court: Sandeep K. Shinde, J., held that Special Court which is to try offences under the Insolvency and Bankruptcy Code,
‘IBC’s object is not to kill the company’; Builder’s Insolvency Proceedings closed as 82 out of 128 home buyers choose possession over refund/compensation: SC
“If the original applicants and the majority of the home buyers are not permitted to close the CIRP proceedings, it would have a drastic consequence on the home buyers of real estate project.”
Supreme Court February 2022 Roundup: MP Judge Sexual Harassment case; Amazon-Future-Reliance Deal; Child Trafficking testimonies through video conference and more
“No doubt, that a Judicial Officer while discharging his/her duties, is expected to be independent, fearless, impassionate and non-impulsive. But a Judicial
If a case was filed under IBC, can penalty be imposed under Companies Act? NCLAT addresses
National Company Law Appellate Tribunal, New Delhi (NCLAT): The Coram of Justice Ashok Bhushan (Chairperson) and Dr Alok Srivastava (Technical Member) held
India Spawns the Pre-Packaged Insolvency for MSMEs in Motion— The Insolvency and Bankruptcy Code (Amendment) Act, 2021
by Swarnendu Chatterjee*and G. Vidya Kamath**