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MSMED Act Will Prevail Over Arbitration Act In Disputes Pertaining To A Party Which Is An MSME
The High Court held that in disputes involving an MSME, the provisions of the MSMED Act will override the Arbitration Act. On 24-02-2025,...
Feb 273 min read
Liquidator Cannot Invoke NCLT Jurisdiction Under Section 60(5) of IBC for Debt Recovery – NCLAT Upholds Refund of Margin Money
NCLAT held that the Liquidator cannot invoke NCLT jurisdiction under Section 60(5) of the IBC for debt recovery and upheld the refund of...
Feb 273 min read
Pre-CIRP Electricity Dues Stand Extinguished If Not Claimed During Resolution Process – NCLAT Upholds Primacy of IBC Over Electricity Act
NCLAT upheld the primacy of the IBC over the Electricity Act and ruled that pre-CIRP electricity dues stood extinguished as PSPCL had...
Feb 263 min read
IBC Limitation Period Begins from Date of Default – Pendency of Recovery Proceedings Does Not Extend Limitation
NCLAT held that the limitation period under the IBC began from the date of default and that the pendency of recovery proceedings does not...
Feb 253 min read
Section 10A of the IBC Does Not Apply When Default Occurred Prior to the Cut-Off Period, Irrespective of a Subsequent Recall Notice
NCLAT held that Section 10A of the IBC did not apply as the default had occurred prior to the cut-off period, irrespective of the...
Feb 253 min read
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