30 Reports to Read from Tribunals and Commissions | April and May RoundUp 2022
Central Information Commission (CIC) Framework of RTI Act restricts jurisdiction of CIC to provide a ruling on issues pertaining to access/right to
NCLAT
Jet Airways Resolution Plan’s implementation is subject to the outcome of? Here’s NCLAT’s order
National Company Law Appellate Tribunal, New Delhi (NCLAT): The Coram of Justice Ashok Bhushan (Chairperson) and Shreesha Merla (Technical Member), held that
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 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,
Once insolvency proceedings are put on Stay, Can resolution professionals still be entitled to fees during Stay? NCLAT answers
National Company Law Appellate Tribunal (NCLAT), New Delhi: In a matter with regard to fees of resolution professional, the Coram of Justice
Whether Homebuyer’s’ decision as a Class will be binding on every Homebuyer? NCLAT decides
National Company Law Appellate Tribunal, Delhi (NCLAT): The Coram of Justice Ashok Bhushan (Chairperson) and Shreesha Merla (Technical Member) held that decision
Lease and Rent as an Operational Debt
by Akaant Kumar Mittal†
Cite as: 2022 SCC OnLine Blog Exp 38
18 Reports to Read: Dental Negligence, Shareholders right to remove Directors, Logix & Supertech insolvent and more|Tribunals and Commissions Roundup of March 2022
18 Reports to Read Competition Commission of India (CCI) Star India providing bouquet of channels at lesser prices resulting significant loss in
‘Reduction of Capital’ is a ‘Domestic Affair’ of a particular company in which, ordinary, a Tribunal will not interfere because of the reason that it is a ‘majority decision’ which prevails: NCLAT
National Company Law Appellate Tribunal, New Delhi (NCLAT): The Coram of Justice Venugopal. M, Judicial Member and Kanthi Narahari, Technical Member, held
17 Reports to Read: Medical Negligence, Zee Insider Trading, Membership Subscription charges for CENVAT Credit and more | Tribunals and Commissions Roundup of February 2022
Appellate Tribunal for Electricity (APTEL) State commission disallows benefit of increase in the tariff based on the change in law provision; Tribunal
Can application filed under S. 95(1) read with S. 60(1) IBC be rejected on ground that no Corporate Insolvency Resolution Process was pending against Corporate Debtor? NCLAT addresses
If CIRP or Liquidation Proceeding of a Corporate Debtor is pending before a NCLT, application relating to Insolvency Process of Corporate or
If granting exclusion of time would help Corporate Debtor from liquidation, should NCLAT allow such exclusion? Here’s what NCLAT says
National Company Law Appellate Tribunal, New Delhi (NCLAT): The Coram of Justice M. Venugopal (Judicial Member) and Dr Ashok Kumar Mishra (Technical
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**
Once Adjudicating Authority approves Resolution Plan, does it still remains a confidential document? Read what NCLAT says
National Company Law Appellate Tribunal (NCLAT): Justice Ashok Bhushan (Chairperson) and Dr Ashok Kumar Mishra (Technical Member) expressed that, once Resolution Plain
Dominant position and Predatory Pricing or Win-Win for riders and drivers? NCLAT upholds CCI’s decision
National Company Law Appellate Tribunal (NCLAT): The Coram of Justice Jarat Kumar Jain (Judicial Member) and Dr Alok Srivastava (Technical Member) held
Corporate Insolvency, Claims against Corporate Debtor and Period of Limitation; SC assesses impact of COVID-19 pandemic
Supreme Court: In a case relating to Corporate Insolvency, the Division Bench comprising of Indira Banerjee* and J.K. Maheshwari, JJ., quashed the
Payment of Stamp Duty vis-à-vis Resolution Plan under Insolvency and Bankruptcy Code, 2016
by Swarnendu Chatterjee† and Simran Bais††
Is approval with 90% vote of CoC required before allowing withdrawal of CIRP application even where CoC was not yet constituted? NCLAT clarifies law on S. 12-A IBC
National Company Law Appellate Tribunal, New Delhi (NCLAT): The Coram of Justice Ashok Bhushan (Chairperson) and Jarat Kumar Jain (Judicial Member) and