NCLAT
Case BriefsTribunals/Commissions/Regulatory Bodies

National Company Law Appellate Tribunal observed that once the CoC has decided to vote on the resolution plans after closure of challenge process, the Adjudicating Authority cannot direct the CoC to consider any revised plan submitted thereafter.

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NCLAT
Case BriefsTribunals/Commissions/Regulatory Bodies

In the instant matter an appeal was preferred against the order of NCLT admitting S. 7 IBC application or repayment of financial debt. Upholding the order of the NCLT, the Tribunal held that even if there is no proof of loan agreement other materials on record can prove the financial debt.

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ATE
Case BriefsTribunals/Commissions/Regulatory Bodies

The Tribunal stated that since the first test report was deficient, it did not stand legal scrutiny and was directed to treat the second test report as the first test report in continuation of their investigation.

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Case BriefsTribunals/Commissions/Regulatory Bodies

“The request of Saya Cementations to be the promoter of the project along with Alisa Infratech to comply with all the pending and forthcoming obligations jointly and severely under the rules and regulations of the RERA Act was accepted by the Authority”

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NCLAT
Case BriefsTribunals/Commissions/Regulatory Bodies

In the instant matter, an appeal was filed challenging NCLT's order directing the CoC to reconsider its decision. Upholding the NCLT's order, the Tribunal held that when the CoC's decision for liquidation is in accordance with IBC, then only NCLT's obligation to direct liquidation will arise.

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NCLAT
Case BriefsTribunals/Commissions/Regulatory Bodies

In instant matter, the appellants filed an appeal challenging the NCLT order approving the Resolution Plan approved by the CoC. The NCLAT held that once Resolution plan is approved by CoC, it cannot direct modifications of claims to Resolution Plan as the Tribunal does not have residual equity-based jurisdiction.

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National Green Tribunal
Case BriefsTribunals/Commissions/Regulatory Bodies

The Tribunal stayed the operation of notification issued by MoEF&CC modifying the EIA regime in respect of construction projects with built up area more than 20,000 sq. meters to 50,000 sq. meters and industrial sheds, educational institutions, hospitals and hostels for educational institutions more than 20,000 sq. meters upto 1,50,000 sq. meters.

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NCLAT
Case BriefsTribunals/Commissions/Regulatory Bodies

In the present case, a Liquidator filed an application before for release/refund of unlawful payment by the applicant. The Tribunal, partly allowing the appeal, upheld the refund of the amount of Rs.25,46,588/- and of the amount of Rs.1,08,797/- as no application for refund was filed for the said amount.

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NCLAT
Case BriefsTribunals/Commissions/Regulatory Bodies

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.

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CESTAT
Case BriefsTribunals/Commissions/Regulatory Bodies

The supply of ISO Tankers on lease/rental basis by foreign suppliers to the appellant would amount to a ‘deemed sale’ under Article 366(29A) of the Constitution as the appellant throughout had effective control and possession over the ISO Tankers.

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Central Information Commission
Case BriefsTribunals/Commissions/Regulatory Bodies

A combined reading of the provisions of the RTI Act and the observation of the Supreme Court crystalizes the interpretation and meaning of the word ‘information’ as defined in the section 2(f) of the Act which only refers to such material as is already available in the records of the public authority.

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