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NCLAT Upholds IBC Supremacy Over TRAI Act, Declares Financial Disincentives as Operational Debt, and Rejects Trust Claim on Subscriber Deposits During CIRP
The NCLAT upheld the supremacy of the IBC over the TRAI Act, ruled that financial disincentives constituted operational debt, and...
Mar 14 min read
Moratorium Under Section 14(1)(d) Bars Recovery of Property Occupied by the Corporate Debtor
NCLAT ruled that the moratorium under Section 14(1)(d) bars the recovery of property occupied by the Corporate Debtor. The National...
Feb 283 min read
Unconditional Withdrawal of Arbitration Petition Bars Fresh Filing; IBC Proceedings Do Not Justify Exclusion Under Section 14 of the Limitation Act
The Supreme Court ruled that the unconditional withdrawal of an arbitration petition bars fresh filing and held that IBC proceedings do...
Feb 283 min read
Termination of Arbitration Proceedings Under Section 32(2) of the Arbitration Act Does Not Constitute a Binding Award—NCLT Has Jurisdiction Under IBC to Determine Corporate Debtor’s Rights Over Disput
NCLAT held that the termination of arbitration proceedings under Section 32(2) of the Arbitration & Conciliation Act, 1996, does not...
Feb 274 min read
Mere Pendency of SARFAESI Proceedings Does Not Establish Fraudulent Intent Under Section 65 of the IBC – NCLAT Sets Aside Rejection of Section 10 Application
NCLAT held that the mere pendency of SARFAESI proceedings does not establish fraudulent intent under Section 65 of the IBC and sets aside...
Feb 273 min read
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