2023 SCC Vol. 1 Part 2
Central Goods and Services Tax Act, 2017 — S. 174(2)(c) — Scope of: First part protects any right, privilege, obligation, etc. under
Insolvency and Bankruptcy Code 2016
NCLAT | Once the resolution plan is submitted for approval, it is binding between the Committee of Creditors and successful resolution applicant
NCLAT while deciding the appeal held that the CoC after approving the resolution plan cannot seek direction from Adjudicating Authority to consider the new resolution plan of a third party who was not a part of the CIRP as it would fall outside the timeline and defeat the very scope and objective of the Code.
Order of stay/moratorium under the Companies Act, 2013 prohibits the initiation of any proceedings; Parties cannot be referred to Arbitration: Delhi High Court
The Delhi High Court ruled that the moratorium granted by the NCLAT, staying the institution of suits and proceedings against the Corporate Debtor, after the resolution process was initiated against it under Sections 241 and 242 of the Companies Act, 2013, was akin to an order of moratorium passed under Section 14 of the Insolvency and Bankruptcy Code, 2016.
Know Thy Judge- Justice Bhushan Ramkrishna Gavai
by Sucheta Sarkar†
NCLAT | Rejection of Resolution Plan by the NCLT due to Non-Serious, Casual and Non-Diligent Conduct of Resolution Appellant is Good in Law
“The CIRP is a time bound process where timeline has been prescribed for each step. The CIRP cannot be allowed to continue for indefinite period.”
2022 SCC Vol. 7 Part 4
Constitution of India — Arts. 300-A and 31 — Expropriation of private property by State — Compensation — Entitlement: State
No Smooth Sailing For Insolvency Law
by Shyam Kapadia† and Dhruva Gandhi†
2022 SCC Vol. 7 Part 2
Army Act, 1950 — Ss. 125, 126, 69, 3(ii) and 70 — Criminal trial — Concurrent jurisdiction of court martial
NCLAT | Can the OTS proposal be an ‘acknowledgment of debt’ under S. 18 of the Limitation Act, 1963?
National Company Law Appellate Tribunal, Delhi: The Bench of Anant Bijay Singh, J., Judicial Member, and Shreesha Merla, Technical Member,
NCLT| Can a Financial Creditor initiate Insolvency Resolution Process against a Personal Guarantor?
National Company Law Tribunal, Hyderabad: The Bench of N. Venkata Ramakrishna Badarinath, Judicial Member, and Veera Brahma Rao Arekapud, Technical Member held
Status of Personal Guarantors under Indian Insolvency Laws
by Muskaan Garg†
Winding Up v. The Insolvency and Bankruptcy Code, 2016
by Amir Arsiwala* & Ishan J Ravindranath**
Impact of COVID-19 on the Insolvency and Bankruptcy Code, 2016
by Abhinav Shrivastava* and Sana Kamra**
Application for initiation of corporate insolvency resolution process against DHFL filed under Insolvency and Bankruptcy Code, 2016
The Reserve Bank filed an application for initiation of corporate insolvency resolution process against Dewan Housing Finance Corporation Limited (DHFL) under Section
Second Amendment to Insolvency and Bankruptcy Code, 2016 — Addressing the Conundrum Around CCI Clearance
Anshuman Sakle, Partner, Dhruv Rajain, Senior Associate and Ruchi Verma, Associate, Cyril Amarchand Mangaldas
Cite as: (2019) PL (Comp. L) May 82
NCLAT | A shareholder can save corporate debtor from insolvency by paying creditor’s dues before constitution of CoC even if S. 9 application has been admitted
National Company Law Appellate Tribunal (NCLAT): A Bench of Justice S.J. Mukhopadhaya, Chairperson and Justice A.I.S Cheema, Member (Judicial) and Kanthi Narahari,
Directors of the ‘Corporate Debtor’ held to be ‘Financial Creditor’ against the same company in light of outstanding unsecured debt: NCLAT
National Company Law Appellate Tribunal (NCLAT): A two-member bench comprising of Justice S.J. Mukhopadhaya, Chairperson and Justice Bansi Lal Bhat, Member (Judicial),
Induction of the ‘assignee’ in committee of creditors quashed holding him to be a ‘related party’: NCLAT
National Company Law Appellate Tribunal (NCLAT): A two-member bench comprising of Justice S.J. Mukhopadhaya, Chairperson and Justice Bansi Lal Bhat, Member (Judicial)