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NCLAT Holds Discretion Under Section 7 Not Permissible Once Debt and Default Are Established; Sets Aside Rejection Based on Misapplication of Vidarbha
The NCLAT held that discretion under Section 7 of the IBC is not permissible once debt and default are established, and accordingly set...
Jul 34 min read
NCLAT Invokes Inherent Jurisdiction to Set Aside CIRP Admission Without Requiring Section 12A Withdrawal in Absence of Other Claims
The National Company Law Appellate Tribunal (NCLAT) invoked its inherent jurisdiction to set aside the admission of the Corporate...
Jul 33 min read
NCLAT Sets Aside Mechanical Rejection for Lack of Individual Assessment; Revives Allottee Claims for Fresh Consideration
The National Company Law Appellate Tribunal (NCLAT) set aside the mechanical rejection of claims for lack of individual assessment by the...
Jul 23 min read
Guarantors of Sole Proprietorship Firms Cannot Invoke Interim Moratorium Under Section 96 to Stall SARFAESI Proceedings
The Madhya Pradesh High Court held that guarantors of sole proprietorship firms cannot invoke the interim moratorium under Section 96 of...
Jul 23 min read
EPFO Bound by BIFR’s Final Rehabilitation Scheme: Tribunal Quashes Rejection of Section 14B Waiver
The Central Government Industrial Tribunal (CGITLC) held that the Employees’ Provident Fund Organisation (EPFO) is bound by the final...
Jul 23 min read
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