top of page
Search
Compulsory Convertible Debentures with Time Value of Money Qualify as Financial Debt under Section 5(8) of IBC: NCLAT
NCLAT held that Compulsory Convertible Debentures, carrying the Time Value of Money, qualified as financial debt under Section 5(8) of...
Dec 9, 20243 min read
SARFAESI and Arbitration Proceedings Can Proceed Simultaneously: Court's Scope Under Section 11(6) Limited to Examining Arbitration Agreement
The High Court held that SARFAESI and arbitration proceedings could proceed simultaneously and reiterated that its scope under Section...
Dec 9, 20243 min read
SARFAESI Act Proceedings Can Coexist with Arbitration and RDB Act Remedies; Procedural Nature Allows Application to Existing Debts
The Supreme Court held that proceedings under the SARFAESI Act could coexist with arbitration and RDB Act remedies, and clarified that...
Dec 9, 20243 min read
Commercial Wisdom of CoC Prevails: NCLAT Upholds Resolution Plan Approval and Expunges Adverse Remarks Against Former RP
NCLAT upheld the commercial wisdom of the CoC, approving the resolution plan and expunging the adverse remarks made against the former...
Dec 7, 20243 min read
Application Under Section 7 of the IBC Valid Despite NPA Status and Section 10A Bar
NCLAT held that an application under Section 7 of the IBC was valid despite the NPA status of the debtor and the bar under Section 10A....
Dec 7, 20243 min read
Suspension of Resolution Professional’s Registration Upheld Due to Finality of NCLAT Findings and Procedural Compliance
The High Court upheld the suspension of the Resolution Professional’s registration, emphasizing the finality of NCLAT findings and...
Dec 7, 20243 min read
Suspension of Resolution Professional Unsustainable for Actions Taken in Good Faith and Procedural Lapses Without Reasoned Findings
The High Court held that the suspension of the Resolution Professional was unsustainable as the actions were taken in good faith and the...
Dec 7, 20243 min read
Existence of Financial Debt and Default Established Through Documentary Evidence Mandates Admission of Section 7 Application Under IBC
NCLAT held that the existence of financial debt and default, established through documentary evidence, mandated the admission of the...
Dec 6, 20243 min read
Interim Moratorium Under Section 96 of IBC Limited to Personal Guarantee, Does Not Extend to Partnership Firm’s Assets
The NCLAT held that the interim moratorium under Section 96 of the IBC was limited to the personal guarantee provided by the appellant...
Dec 5, 20243 min read
Belated Claims Filed After CIRP Timelines Are Non-Admissible Post-Resolution Plan Approval Under IBC
NCLAT dismissed the appeal, ruling that belated claims filed after the CIRP timelines were non-admissible once the resolution plan had...
Dec 5, 20243 min read
bottom of page