NCLAT

Case BriefsTribunals/Commissions/Regulatory Bodies

Non-payment of full provident fund and gratuity violative of S. 30(2)(e) IBC; NCLAT directs Jet Airways to make payments

    National Company Law Appellate Tribunal, Delhi: In a batch of appeals filed challenging order dated 22-06-2021 passed by the National

Case BriefsTribunals/Commissions/Regulatory Bodies

Whether Adjudicating Authority is competent to pass order under Section 66 of IBC during subsistence of moratorium under Section 14 of IBC? NCLAT answers

    National Company Law Appellate Tribunal : While deciding an issue as to whether the adjudicating authority is competent to pass

Case BriefsTribunals/Commissions/Regulatory Bodies

“Reduction of Share Capital is a matter of domestic concern”; NCLAT confirms reduction of the share capital approved by the shareholders of Precious Energy Services Ltd.

    National Company Law Appellate Tribunal (NCLAT): While deciding the instant appeal filed by Precious Energy Services Ltd., against the order

Case BriefsTribunals/Commissions/Regulatory Bodies

“If one does not come before the Court or Tribunal with clean hands his claim deserves to be rejected”, says NCLAT; imposes a cost of Rs 1 lakh on the Appellant for appearing through counsel personifying to be an advocate

    National Company Law Appellate Tribunal, New Delhi: The Bench of Rakesh Kumar, J., Judicial Member, and Dr. Ashok Kumar Mishra,

Case BriefsTribunals/Commissions/Regulatory Bodies

Entertainment City Ltd an ‘affiliate’ of United Group; NCLAT grants Moratorium Benefits

    National Company Law Appellate Tribunal, New Delhi: The Bench of Ashok Kumar Bhushan, J., Chairperson, M. Satyanarayana Murthy, J., Judicial

Case BriefsTribunals/Commissions/Regulatory Bodies

NCLAT| Right to payment cannot be accrued when a corporate guarantee is not invoked before CIRP initiation

    National Company Law Appellant Tribunal, New Delhi: The Bench of Ashok Bhushan, J., Chairperson, and Shreesha Merla, Technical Member, while

Case BriefsTribunals/Commissions/Regulatory Bodies

NCLAT Mumbai |Interest on Delayed Payments is a part of Operational Debt under S. 3(11) of IBC

National Company Appellate Tribunal, Mumbai: The Bench of Ashok Bhushan, J., Chairperson, M. Satyanarayana Murthy, Judicial Member, and Naresh Salecha, Technical member

Case BriefsSupreme Court

IBC – Section 7(5)(a) | NCLT “may” reject Financial Creditor’s CIRP application even in case of Corporate Debtor’s default in payment of debt

Supreme Court: The bench of Indira Banerjee* and JK Maheshwari, JJ has rejected the view of NCLT and NCLAT that once it

Op EdsOP. ED.

Personal Guarantors of Corporate Debtors Finally in the Net of IBC

by Sunil Gupta†

Case BriefsTribunals/Commissions/Regulatory Bodies

Should Resolution Professional include delayed claims of homebuyers under  memorandum of information? NCLAT decides

National Company Appellate Tribunal, New Delhi: The Coram of  Ashok Bhushan, J (Chairperson), Shreesha Merla (Technical member), and Naresh Salecha (Technical member)

Case BriefsTribunals/Commissions/Regulatory Bodies

NCLAT| Using provisions of IBC for revival of TDS amounts is a misuse of IBC; NCLAT holds defaults over non-payment of TDS is not a ground for initiation of CIRP

A coram of Justice Ashok Bhushan (Chairperson), Shreesha Merla (Technical member) and Naresh Salecha (Technical Member) has held that non-payment of TDS

Legal RoundUpTribunals/Regulatory Bodies/Commissions Monthly Roundup

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

Case BriefsTribunals/Commissions/Regulatory Bodies

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

Case BriefsTribunals/Commissions/Regulatory Bodies

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

Case BriefsTribunals/Commissions/Regulatory Bodies

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

Case BriefsTribunals/Commissions/Regulatory Bodies

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,

Case BriefsTribunals/Commissions/Regulatory Bodies

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

Case BriefsTribunals/Commissions/Regulatory Bodies

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

Akaant MittalExperts Corner

Lease and Rent as an Operational Debt

by Akaant Kumar Mittal†
Cite as: 2022 SCC OnLine Blog Exp 38

Legal RoundUpTribunals/Regulatory Bodies/Commissions Monthly Roundup

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