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Apr 2, 2024
Navigating Valuation Challenges in Corporate Insolvency Resolution: A Case Analysis of M/s. Jeypore Sugar Company Limited
Corporate insolvency resolution processes (CIRP) and subsequent liquidation proceedings under the Insolvency and Bankruptcy Code, 2016 (IBC) are complex procedures aimed ...
REEDLAW
Mar 19, 2024
Upholding Financial Rights: A Legal Analysis of Limited Guardianship under the Rights of Persons with Disabilities Act, 2016
The case of Mrs. Mohan V. before the Kerala High Court sheds light on the complex legal issues surrounding the financial protection of individuals with disabilities....
Mrs. Rachna Gupta, Advocate
LATEST CASE LAWS
Supreme Court
High Court
NCLAT
The Supreme Court dismissed the statutory appeal filed under Section 10GF of the Companies Act, 1956, and affirmed the judgment dated 03.11.2017 passed by the National Company Law Appellate Tribunal (NCLAT) in Company Appeal (AT) No. 208 of 2017. The appeal arose from a dispute wherein the respondents had initially filed a Company Petition before the Company Law Board alleging oppression and mismanagement by the appellants, asserting that their resignations were manipulated and that their shareholding had not been validly transferred. The NCLT had dismissed the petition on the g...
Durgapur Bio Garden Private Limited and Others v. Nirakar Dash and Others
July 30, 2025
REEDLAW 2025 SC 07637
The Kerala High Court, in a significant ruling, while deciding a criminal revision petition under Section 138 of the Negotiable Instruments Act, 1881, examined the legality of a debt arising from a cash transaction exceeding ₹20,000 in violation of Section 269SS of the Income-tax Act, 1961. The central issue was whether such a statutorily prohibited transaction could give rise to a legally enforceable debt. The Court underscored that judicial validation of large-scale cash dealings—contrary to statutory mandates and the government's digital economy policy—would defeat the object...
P.C. Hari v. Shine Varghese and Another
July 25, 2025
REEDLAW 2025 Ker 07017
The National Company Law Appellate Tribunal (NCLAT), while adjudicating an appeal filed by the Appellant, the single largest financial creditor in the CIRP of the Corporate Debtor, set aside the order of the NCLT, Kolkata Bench that had directed the Appellant to contribute ₹39.4 lakh towards CIRP costs. The NCLAT found that the direction was issued without serving notice or granting an opportunity of hearing to the Appellant and was passed in violation of the procedural and substantive provisions of the Insolvency and Bankruptcy Code, 2016.
The Resolution Professional had sough...
ODAT GmbH v. CA Santanu Brahma, IRP of Darjeeling Organic Tea Estate Private Limited and Others
August 4, 2025
REEDLAW 2025 NCLAT Del 08510
DRAT
The Debts Recovery Appellate Tribunal (DRAT), presided over by Justice Brijesh Sethi (Chairperson), dismissed the appeal filed by the appellant challenging two orders passed by the DRT-II, Delhi. The first challenged order dated 28.03.2025 had declined the appellant's interim prayer for restraining the financial institution and court receiver from taking physical possession of the disputed property. The second order dated 11.06.2025 had rejected the appellant’s restoration application seeking possession and to restrain the financial institution from selling the property.
The ap...
Noor Jahan v. AU Small Finance Bank Limited and Others
