supertech insolvency case
Case BriefsSupreme Court

The Court said that if Committee of Creditors would be constituted for all projects of Supertech, it will cause immense hardships to the home buyers and will throw ever project into uncertainty.

National Company Law Appellate Tribunal
Case BriefsTribunals/Commissions/Regulatory Bodies

The scope and objective of the Code is ‘Resolution’, and not a ‘Recovery Mode / Forum’.

National Company Law Appellate Tribunal
Case BriefsTribunals/Commissions/Regulatory Bodies

The National Company Law Appellate Tribunal held that no pre-existing dispute regarding quality of supplied goods exist as the same was not raised before consumption of the goods.

fraudulent
Case BriefsSupreme Court

‘Audi alteram partem application cannot be impliedly excluded under the Master Directions on Frauds.’

Delhi High Court
Case BriefsHigh Courts

The Court opined that the present case would fall under the Office Memorandum which stated that “where there is no cognizable offence under IPC and other penal laws, the LOC subject cannot be detained/arrested or prevented from leaving the country.”

National Company Law Appellate Tribunal
Case BriefsTribunals/Commissions/Regulatory Bodies

National Company Law Appellate Tribunal observed that as per S. 61(2) every appeal must be filed within 30 days before the Appellate Tribunal and the Appellate Tribunal has the jurisdiction to extend the period of 15 days if it is satisfied that there is a sufficient cause for not filing the appeal within the prescribed time.

Insolvency and Bankruptcy Code 2016
Op EdsOP. ED.

by Tarun Gulati† and Madhav Goel††

Akaant MittalExperts Corner

by Akaant Kumar Mittal†
Cite as: 2023 SCC OnLine Blog Exp 8

Cases ReportedSCC Weekly

Central Goods and Services Tax Act, 2017 — S. 174(2)(c) — Scope of: First part protects any right, privilege, obligation, etc. under

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.

Delhi High Court
Case BriefsHigh Courts

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.

Justice Bhushan Ramkrishna Gavai
Know thy Judge

by Sucheta Sarkar†

NCLAT
Case BriefsTribunals/Commissions/Regulatory Bodies

“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.”

Op EdsOP. ED.

by Garima Sharma*

SCC Part
Cases ReportedSCC Weekly

    Constitution of India — Arts. 300-A and 31 — Expropriation of private property by State — Compensation — Entitlement: State

Insolvency Law
OP. ED.SCC Journal Section Archives

by Shyam Kapadia† and Dhruva Gandhi†

SCC Part
Cases ReportedSCC Weekly

    Army Act, 1950 — Ss. 125, 126, 69, 3(ii) and 70 — Criminal trial — Concurrent jurisdiction of court martial

NCLAT
Case BriefsTribunals/Commissions/Regulatory Bodies

    National Company Law Appellate Tribunal, Delhi: The Bench of Anant Bijay Singh, J., Judicial Member, and Shreesha Merla, Technical Member,

Financial Creditor
Case BriefsTribunals/Commissions/Regulatory Bodies

National Company Law Tribunal, Hyderabad: The Bench of N. Venkata Ramakrishna Badarinath, Judicial Member, and Veera Brahma Rao Arekapud, Technical Member held

Op Ed
Op EdsOP. ED.

by Muskaan Garg†