NCLT Benches to start physical hearing from 1st March, 2021
It has been notified vide an Order dated 23-02-2021 that all NCLT Benches shall start regular Physical hearing w.e.f 01-03-2021, in case
NCLT
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
Cal HC | Power of Resolution Professional to take control of any asset, is it subject to determination of ownership by a Court or Authority? Discussion in light of Embassy Property Developments (P) Ltd. v. State of Karnataka, 2019 SCC OnLine SC 1542
Calcutta High Court: Sabyasachi Bhattacharya, J., reiterated the decision of Supreme Court in Embassy Property Developments (P) Ltd. v. State of Karnataka,
Kundan Care: Should struggling businesses be handed over to unwilling resolution applicants?
by Dhruva Gandhi† & Vinodini Srinivasan‡
Ker HC | No bar to parallel proceedings under SARFAESI Act during ongoing Corporate Insolvency Resolution Process; HC reiterates
Kerala High Court: A.M. Badar, J., while dismissing the present petition, reiterated the observations of the Supreme Court in the words, “In
NCLT approves NHPC’s Resolution Plan for Jalpower Corporation Limited
National Company Law Tribunal (NCLT), Hyderabad bench approved NHPC’s Resolution Plan for taking over Jalpower Corporation Limited (JPCL) as going concern vide its
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
NCLAT | If an applicant finds the finding of a Judgment to be erroneous, can he be permitted to seek rehearing of appeal under R. 11 of NCLAT Rules, 2016? Tribunal considers
National Company Law Appellate Tribunal(NCLAT): The Division Bench of Justice Bansi Lal Bhat (Acting Chairperson) and Shreesha Merla (Technical Member), while addressing the
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
Winding Up v. The Insolvency and Bankruptcy Code, 2016
by Amir Arsiwala* & Ishan J Ravindranath**
Del HC | Is the liability of Principal Borrower and Guarantor co-extensive? Court reiterates SC’s position on continuation of SARFAESI proceedings against Guarantor by banks
Delhi High Court: A Division Bench of Hima Kohli and Subramonium Prasad, JJ., considered the following question: Whether a bank/financial institution can institute
NCLAT | If objections raised in regard to “Scheme” under S. 230 of Companies Act, 2013 are procedural in nature, can they be overruled? Tribunal expounds
National Company Law Appellate Tribunal (NCLAT): A Division Bench of Justice Jarat Kumar Jain (Judicial Member) and Balvinder Singh (Technical Member) while addressing
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
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
Perjury in the National Company Law Tribunal and the National Company Law Appellate Tribunal: An Opinion
by Amir Arsiwala* & Ishan J Ravindranath**
Remedy against Guarantor – IBC – A better choice
by Umesh Shetty*
Kar HC | ‘He who comes for relief in equity must come with clean handsʼ; Petition dismissed
Karnataka High Court: P.S. Dinesh Kumar, J., rejects the petition seeking the writ of certiorari against the order of NCLT imposing heavy
Del HC | Will the jurisdiction to address issues of oppression and mismanagement, elections to board of directors of company, etc., vest exclusively with NCLT? HC considers
Delhi High Court: Najmi Waziri, J., while addressing the present matter considered the following issues: Whether elections to the Board of Directors of
NCLAT | Whether provisions of Limitation Act, 1963 vide S. 238A of I&B Code, 2016 will be applicable to all NPA cases or not? Tribunal answers
National Company Law Appellate Tribunal (NCLAT): Full Bench of Justice Bansi Lal Bhat (Acting Chairperson) and Justice Anant Bijay Singh (Member, judicial) and