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Supreme Court Leaves Settlement Dispute to Adjudicating Authority—Permits Consideration of Withdrawal under Section 12A of the IBC
The Supreme Court left the dispute concerning the settlement to be adjudicated by the Adjudicating Authority and permitted consideration...
Apr 112 min read
Section 95 Application Maintainable—Personal Guarantee Enforceable through Security Trustee; Limitation Validly Extended
NCLAT held that the Section 95 application was maintainable as the personal guarantee was enforceable through the Security Trustee and...
Apr 113 min read
Section 9 Petition Dismissed Due to Pre-existing Dispute Arising from Interlinked Commercial Transactions and Promoter-Level Litigations
NCLAT dismissed the Section 9 petition, holding that a pre-existing dispute existed arising from interlinked commercial transactions and...
Apr 103 min read
Belated Claim Filed After Approval of Resolution Plan – Entitled Only to 50% Refund Under Clause 18.4(xi) of Resolution Plan
NCLAT held that a belated claim filed after the approval of the Resolution Plan is entitled only to a 50% refund under Clause 18.4(xi) of...
Apr 103 min read
Writ Appellate Court Cannot Reappreciate Facts or Entertain New Grounds Absent Procedural Violation in Disciplinary Actions by IBBI
The High Court held that a writ appellate court cannot reappreciate factual findings or entertain new grounds at the appellate stage in...
Apr 103 min read
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