NCLT directs RP to approach CoCs for refunds to passengers for cancelled Go Airlines tickets
NCLT seeks response from respondents to the application for refunds to passengers under Section 60(5) of IBC.
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Explained| SAT order directing SEBI to refund Rs. 25 crore penalty deposited by Reliance for violating SAST Regulations
There is no such thing under the SAST Regulations that acquisition and holding of shares without making a public announcement is a violation.
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Schneider Electric withdraws appeal against SEBI’s Order; SAT directs it to comply with the order
SEBI had directed the French company to either re-list on a nationwide stock exchange or provide an exit opportunity to its public shareholders through the delisting mechanism.
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Operational Creditor cannot claim payment equal to Financial Creditor in Insolvency proceeding under IBC: NCLAT
The principle of equality is applicable only in same class of creditors, i.e., secured or unsecured, financial or operational.
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Illegal Sand Mining on Yamuna Banks| NGT directs HSPCB to take Disciplinary Action against Regional Officer for Negligence
The Tribunal noted that the activity of illegal sand mining was within the knowledge of the Regional Officer, HSPCB and still the Unit was permitted to operate without valid Consent to Operate.
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In project wise insolvency, IRP/RP cannot seek unpaid Fees/Costs from members of CoCs of another project of Corporate Debtor: NCLAT
The NCLAT held that the appellant has no Locus Standi to make claim for any unpaid Fees/Costs from the members of the CoCs, as he is neither the RP in the project nor is connected with another project.
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NCDRC upholds Telangana SCDRC order fastening vicarious liability on hospital in medical negligence case
A consumer complaint was filed before the TSCDRC alleging deficiency of service/medical negligence on part of the staff performing surgery, seeking compensation of Rs 40 lakhs.
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Relief for Tata Power | APTEL stays MERC’s tariff schedule for FY 2023-24
The Tribunal regarded the hike in violation of Section 61(d) of the Electricity Act, 2003 and against the larger public interest, which is one of the critical factors to be taken into consideration in deciding whether to grant interim relief.
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[Mumbai Floods 2005] NCDRC dismisses Leela Hotel insurance claim of Rs 6 Crores
“The report of the surveyor can be contested by the insured for valid reasons. The insurer is required to consider the report of the surveyor appointed by it although he is not bound to accept the report in entirety.”
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Liquidation| Successful Bidder of sale as going concern can only pray for necessary directions in accordance with the process document: NCLAT
The NCLAT stated that prayers in general or in a very wide term or which is too elaborate as prayed in the applicant’s application may not require any consideration by the Adjudicating Authority.
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Employees entitled to Provident Fund and Gratuity Fund dues even if funds not available with Liquidator: NCLAT
NCLAT held that the Provident Fund and Gratuity dues of the appellant are to be paid in full.
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SAT Mumbai dismisses appeal under S. 15T SEBI Act for not having filed by an ‘aggrieved person’
SAT Mumbai observed that it is not open to a shareholder to complain about the scheme of arrangement before the SEBI or to the Stock Exchange nor is it open to the shareholder to make a representation and /or file an appeal before this Tribunal under Section 15T of the SEBI Act.
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State Commissions cannot modify tariff adopted by Central Commission and adopt trade margin for ISTS power projects: APTEL
APTEL said that in accordance with the guidelines and the CERC Regulations, the Appropriate Commission, the trading margin shall be decided mutually by the SECI, the trading licensee and the WPPs and in turn by the distribution licensees.
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Corporate Debtor cannot constitute Committee of Creditors with a single Operational Creditor under IBC: NCLAT
NCLAT held that CIRP be closed with respect to the Corporate Debtor since not a single ‘Claim' was received by the IRP even after the public announcement.
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Application under Section 9 of the IBC is not maintainable in absence of strict proof of Debt and Default: NCLAT
“The Proceedings under the IBC, 2016, are summary in character and a trial is not conducted, like that of ‘Civil’ matter, before the ‘Competent Civil Court’.”
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‘Arbitration Proceedings’ and ‘IBC Proceedings’ cannot go on together; NCLAT upholds NCLT’s order rejecting Section 9 application
NCLAT held that an application preferred under Section 9 of the IBC for implementation of an Arbitral Award is not maintainable.
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District Consumer Court directs Qatar Airways to compensate a High Court Judge for denying him permission to board the plane despite having boarding pass
DCDRC directed compensation of Rs. 7 Lakhs for causing hardship and mental agony to Justice Bechu Kurian Thomas, due to deficient services on part of Qatar Airways in 2018 when he had planned a trip to Scotland with his friends.
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While admitting application under Section 7 of the IBC, existence of Debt and Default needs to be examined not ‘Quantum of Debt’: NCLAT
“In the instant case, the record establishes that there is a ‘debt’ and a ‘default’ and the Application is complete and the Adjudicating Authority has rightly admitted the Application under Section 7 of the Code.”
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Can Resolution Professional keep claims in abeyance during pendency of Corporate Debtor’s counter claim before arbitrator? NCLAT Answers
While dismissing the present appeal, the NCLAT held that appellant’s prayer pertaining to admission of the claim cannot be acceded to in the ‘eye of Law’.
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[Condonation of Delay] Filing of claim under wrong category is not substantial ground for condoning delay: NCLAT
The NCLAT rejected an application seeking Condonation of Delay of 49 days (about 1 and a half months) on the ground of want of sufficient cause.
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