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Calcutta High Court Upholds Employee’s Right to Full Gratuity Despite CIRP Approval; Declares Gratuity Outside Liquidation Estate Under IBC
The Calcutta High Court upheld the employee’s right to receive full gratuity despite the approval of the Resolution Plan under CIRP,...
Jun 53 min read
Bombay High Court: Mortgage of Leasehold Industrial Property Without MIDC Consent Not Void; MIDC Lacks Power to Impose Subletting Charges
Bombay High Court held that the mortgage of leasehold industrial property without the prior consent of MIDC was not void, and further...
Jun 53 min read
Supreme Court Upholds Mandatory Pre-Deposit for MSMED Act Appeals Despite Writ Invocation
The Supreme Court upheld the mandatory pre-deposit requirement under the MSMED Act for appeals, even when the party invoked the writ...
Jun 43 min read
NCLAT Sets Aside NCLT’s Perjury Conviction: Holds Special Courts Have Exclusive Jurisdiction Under IBC
The NCLAT set aside the NCLT’s perjury conviction, holding that only Special Courts have exclusive jurisdiction to try offences under the...
Jun 44 min read
NCLAT Affirms Shareholders’ Absolute Right to Replace Voluntary Liquidator Without NCLT Intervention
The NCLAT affirmed that shareholders have the absolute right to replace a voluntary liquidator under Section 59 of the IBC without...
Jun 43 min read
Moratorium Under IBC Bars Section 138 NI Act Proceedings Against Corporate Debtor but Not Against Directors
The moratorium under the Insolvency and Bankruptcy Code bars proceedings under Section 138 of the Negotiable Instruments Act against the...
Jun 33 min read
Unauthorised Post-CIRP Transactions Held Void Under IBC Moratorium: NCLAT Upholds Refund Direction
NCLAT held that unauthorised post-CIRP transactions were void under the IBC moratorium and upheld the direction for refund to the...
Jun 33 min read
Arbitration in Loan Disputes: Limited Jurisdiction of Courts and Fraud Allegations Do Not Bar Reference Unless Arbitration Clause Is Vitiated
The High Court held that arbitration in loan disputes is not barred by fraud allegations or the limited jurisdiction of courts unless the...
Jun 23 min read
NCLAT Holds CoC Can Extend Timeline for EoIs and Resolution Plans Without Fresh Form-G, Affirms Commercial Wisdom in Approving Resolution Plan
The NCLAT held that the Committee of Creditors (CoC) is empowered to extend the timeline for submission of Expressions of Interest (EoIs)...
Jun 23 min read
Supreme Court Grants Interim Relief to Kalyani Transco, Stays NCLT Action Pending Review
The Supreme Court granted interim relief to Kalyani Transco and stayed the proceedings before the NCLT pending the filing and disposal of...
Jun 23 min read
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