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NCLAT Upholds the Operational Creditor's Claim Despite the Corporate Debtor's Allegations of Fabricated Invoices and Involvement of a Shell Company
NCLAT upholds the Operational Creditor's claim despite the Corporate Debtor's allegations of fabricated invoices and involvement of a...
Aug 1, 20242 min read


Committee of Creditors (CoC) Lacks Jurisdiction to Substitute or Modify the Successful Resolution Applicant’s Post-Plan Approval
NCLAT ruled that the Committee of Creditors (CoC) lacks jurisdiction to substitute or modify the Successful Resolution Applicant’s...
Aug 1, 20243 min read


Despite the Company’s Earlier Strike-off, the NCLAT Confirms the Validity of the Resolution Plan
Despite the company’s earlier strike-off, the NCLAT confirmed the validity of the Resolution Plan. The NCLAT reiterated that even...
Jul 31, 20242 min read


CIRP Costs cannot Include Costs Associated with Terminated Projects that do not Contribute to the Ongoing Viability of the Corporate Debtor
NCLAT held that the CIRP costs cannot include costs associated with terminated projects that do not contribute to the ongoing viability...
Jul 30, 20242 min read


NCLAT Determines Commissioner of State Tax Department's Claims are Appropriately Classified as Unsecured
NCLAT determines that the Commissioner of State Tax Department's claims are appropriately classified as unsecured. The National Company...
Jul 30, 20242 min read


Failure of a One Time Settlement (OTS) cannot reset the default date and does not preclude proceedings under Section 7 of the IBC
NCLAT held that failure of a One-Time Settlement (OTS) cannot reset the default date and does not preclude proceedings under Section 7 of...
Jul 29, 20242 min read


Related parties do not have a legal right to be treated on par with unrelated financial creditors in a resolution plan
NCLAT held that the related parties do not have a legal right to be treated on par with unrelated financial creditors in a resolution...
Jul 29, 20242 min read


The drawer who issued the cheque is liable for interim compensation, not authorized signatories or company directors
Supreme Court held that the drawer who issued the cheque is liable for interim compensation, not authorized signatories or company...
Jul 27, 20242 min read


Approval of a resolution plan for a guarantor does not automatically discharge the underlying debt of the principal borrower
Supreme Court ruled that the approval of a resolution plan for a guarantor does not automatically discharge the underlying debt of the...
Jul 26, 20243 min read


Whether Section 33(5) of the Insolvency and Bankruptcy Code Mandates Prior Approval for a Liquidator to Initiate Proceedings: Mandatory or Directory?
NCLAT answers to the question, whether Section 33(5) of the IB Code Mandates Prior Approval for a Liquidator to Initiate Proceedings:...
Jul 25, 20242 min read
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