NCLAT Archives | Page 8 of 9

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Is it open to NCLT, while deciding S. 9 IBC application, to pass an order directing parties to go for Arbitration? Appellate Commission explains NCLT’s jurisdiction in such cases

National Company Law Appellate Tribunal (NCLAT): The Division Bench of Justice Bansi Lal Bhat (Acting Chairperson) and Dr Ashok Kumar Mishra (Technical

Op Eds OP. ED.

Kundan Care: Should struggling businesses be handed over to unwilling resolution applicants?

by Dhruva Gandhi† & Vinodini Srinivasan‡

Appointments & Transfers News

Term of office of (Retd.) Justice Bansi Lal Bhat, Officiating Chairperson, NCLAT, extended

The term of office of Justice (Retd.) Bansi Lal Bhat, Member (Judicial) as officiating Chairperson, National Company Law Appellate Tribunal (NCLAT) extended

Appointments & Transfers News

Centre revises tenure of 2 Judicial Members of NCLAT [Read Notification]

Central Government revises the tenure of Justice (Retd.)Bansi Lal Bhat and Justice (Retd.) A.I.S. Cheema as Judicial Member, National Company Law Appellate

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Whether reflection of debt in Balance Sheet of a Corporate Debtor would amount to acknowledgement under S. 18 of Limitation Act? 5-Member Bench decodes Interplay between IBC & Limitation Act; discusses ‘Judicial Indiscipline’

National Company Law Appellate Tribunal (NCLAT), New Delhi: The Bench of Justice Bansi Lal Bhat (Acting Chairperson) and Justice Venugopal M. (Judicial

Op Eds OP. ED.

Justification of Means to End: Nature of Notification under Section 4 of IBC

by Anurag Tripathi* & Naman Singh Bagga**

Case Briefs Supreme Court

Ola, Uber do not facilitate cartelization or anti-competitive practices between drivers, holds SC but says no to imposing “heavy cost” on the informant

“When the CCI performs inquisitorial, as opposed to adjudicatory functions, the doors of approaching the CCI and the appellate authority, i.e., the NCLAT, must be kept wide open in public interest.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | S. 65 of IBC is not meant to negate process under S. 7 or 9 of IBC; Penal action under S. 65 can be taken only when provision of Code has been invoked fraudulently, with malicious intent

National Company Law Appellate Tribunal (NCLAT): The Bench of Justice Venugopal M. (Judicial Member) and V.P. Singh (Technical Member) and Shreesha Merla (Technical

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Whether Corporate Insolvency Resolution Process can be initiated against Principal Borrower and Corporate Guarantor simultaneously for same set of debt and default? Tribunal decides

National Company Appellate Tribunal (NCLAT): The Division Bench of Justice A.I.S Cheena (Judicial Member) and V.P. Singh (Technical Member) reinforced that in the

Op Eds OP. ED.

Weighing the effect and need of the ‘minimum threshold’ on the home-buyers

by Pareekshit Bishnoi & Parveen Kumar Aggarwal*

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT reiterates IBC is beneficial legislation intended to put Corporate Debtor on its feet, not a mere money recovery legislation

National Company Law Appellate Tribunal (NCLAT): The Bench of Justice Bansi Lal Bhat (Acting Chairperson) and Justice Anant Bijay Sing (Judicial Member) and

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Can lease rentals arising out of use and occupation of a cold storage unit be categorised as ‘Operational Debt’ under S. 5(21) I&B Code? Find out Tribunal’s ruling

National Company Law Appellate Tribunal (NCLAT): A Coram of Venugopal M. (Judicial Member) and Shreesha Merla (Technical Member), while addressing the present company

Case Briefs Supreme Court

Whether an ex-employee of a financial creditor is eligible to be appointed as Resolution Professional? Read what SC says

Supreme Court: The 3-Judge Bench of Arun Mishra, B.R. Gavai and Krishna Murari, JJ., set aside the NCLAT’s Order with regard to

Case Briefs Tribunals/Commissions/Regulatory Bodies

[SC ALERT] NCLAT’s decoder on appointment of a person as Resolution Professional: Will an ex-employee of Financial Creditor be eligible for appointment? Read on

SUPREME COURT ALERT This NCLAT Order has been set aside by the Supreme Court, the detailed report of which can be found

OP. ED.

Perjury in the National Company Law Tribunal and the National Company Law Appellate Tribunal: An Opinion

by Amir Arsiwala* & Ishan J Ravindranath**

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Will I&B Code permit a successful Resolution Applicant to stage a “U-turn” frustrating Corporate Insolvency Resolution Process? Tribunal decodes

National Company Law Appellate Tribunal (NCLAT): Full Bench of Justice Bansi Lal Bhat (ACJ) and Justice Anant Bijay Singh (Judicial Member) and Dr

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Remedy against Guarantor – IBC – A better choice

by Umesh Shetty*

Legislation Updates Statutes/Bills/Ordinances

[Presidential Assent] Companies (Amendment) Act, 2020: Decriminalisation of offences which lack element of fraud or involve larger public interest

The Companies (Amendment) Bill, 2020 received Presidential Assent on 28-09-2020. The Companies (Amendment) Act, 2020 Purpose: Based on the recommendations of the

OP. ED.SCC Journal Section Archives

Cheque Proceedings Against a Company During Insolvency Proceedings – A Legal Complication [SCC Archives]

by Akaant Kumar Mittal†

OP. ED.SCC Journal Section Archives

Unpacking the scope of oppression, prejudice and mismanagement under the Companies Act, 2013 [SCC Archives]

by Umakanth Varottil†