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The Appellant Fails To Apply for a Certified Copy of the Order, Demonstrating a Lack of Due Diligence; Delay in Filing the Appeal Cannot Be Condoned
The appellant failed to apply for a certified copy of the order, demonstrating a lack of due diligence; delay in filing the appeal cannot...
Jun 5, 20242 min read
Whether the NCLT has the authority to release attached properties under Section 32A of the IB Code
Bombay High Court held that Section 32A of the IBC provides automatic immunity from prosecution and attachment for corporate debtors with...
Jun 5, 20242 min read
Insolvency and Bankruptcy Code applies to personal guarantors to corporate debtors but not to partnership firms and their directors unless explicitly stated
High Court rules that the Insolvency and Bankruptcy Code applies to personal guarantors to corporate debtors but not to partnership firms...
Jun 3, 20242 min read
The NCLT Order Directing the Respondent to Return Pledged Share Certificates to the Liquidator is Valid and Within Jurisdiction
High Court ruled that the NCLT’s order directing Respondent No. 3, to return the pledged share certificates to the Liquidator was valid...
Jun 3, 20242 min read
ED's Summons and Investigation Under the PMLA Cannot be Quashed Merely Due to Procedural Objections or Prior NCLT Findings
High Court rules that the ED's summons and investigation under the PMLA could not be quashed merely due to procedural objections or prior...
Jun 1, 20242 min read
Commercial Wisdom of the CoC in Approving a Resolution Plan, that is Not Subject to Judicial Review Unless It Violates the Provisions of Section 30(2) of IBC
NCLAT, Principal Bench retreated the commercial wisdom of the Committee of Creditors (CoC) in approving a Resolution Plan that is not...
Jun 1, 20242 min read
Appellant's Claim as a Financial Creditor Cannot be Admitted Due to Prior Transfer of Possession
NCLAT upholds the order of the Adjudicating Authority that since the possession has already been transferred, the appellant's claim as a...
May 31, 20242 min read
Approval of the Resolution Plan by a Single Member of the NCLT Violates Section 419(3) of Companies Act 2013
Supreme Court held that the approval of the Resolution Plan by a Single Member of the NCLT violates Section 419(3) of the Companies Act...
May 31, 20242 min read
Failure to Challenge the Subsequent E-Auction Notice Constitutes Waiver, Acquiescence and Estoppel by Conduct on the Part of the Appellant/SRA
NCLAT held that the failure to challenge the subsequent e-auction notice constitutes waiver, acquiescence, and estoppel by conduct on the...
May 31, 20242 min read
Supreme Court Rules the Existence of a Mortgage and Recoverable Loan Amounts Justify Proceedings under the SARFAESI Act
Supreme Court rules the existence of a mortgage and recoverable loan amounts justify proceedings under the SARFAESI Act. The Three-Judge...
May 31, 20242 min read
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