National Company Law Appellate Tribunal Case Commentaries

Consolidation of CIRP Under Insolvency and Bankruptcy Code: Radico Khaitan Ltd v. BT & FC Pvt Ltd and Ors

Date: Mar 27, 2021

Consolidation of CIRP Under Insolvency and Bankruptcy Code: Radico Khaitan Ltd v. BT & FC Pvt Ltd and Ors Introduction The case of Radico Khaitan Ltd v. BT & FC Pvt Ltd and Ors adjudicated by the...

Strict Application of Article 137 of the Limitation Act to CIRP Initiation: NCLAT's Decision in Next Education India Pvt. Ltd. v. K12 Techno Services Pvt. Ltd.

Date: Mar 18, 2021

Strict Application of Article 137 of the Limitation Act to CIRP Initiation: NCLAT's Decision in Next Education India Pvt. Ltd. v. K12 Techno Services Pvt. Ltd. Introduction The case of Next Education...

Reinforcement of CIRP's Procedural Integrity: NCLAT Dismisses Interups Inc Appeal

Date: Mar 16, 2021

Reinforcement of CIRP's Procedural Integrity: NCLAT Dismisses Interups Inc Appeal Introduction The case of Interups Inc v. Kuldeep Kumar Bassi & Ors was adjudicated by the National Company Law...

Necessity of Registration for Assignment Deeds under IBC: Insights from Palm Products Pvt. Ltd. v. T.V.L. Narsimha Rao

Date: Mar 9, 2021

Necessity of Registration for Assignment Deeds under IBC: Insights from Palm Products Pvt. Ltd. v. T.V.L. Narsimha Rao Introduction The case of Palm Products Pvt. Ltd. v. T.V.L. Narsimha Rao And...

Exclusion of Limitation Period under SICA Not Applicable to I&B Code Proceedings: Insights from Mazda Agencies v. Hemant Plastics & Chemicals Ltd.

Date: Mar 6, 2021

Exclusion of Limitation Period under SICA Not Applicable to I&B Code Proceedings: Insights from Mazda Agencies v. Hemant Plastics & Chemicals Ltd. Introduction The case of Mazda Agencies (Partnership...

NCLAT Mandates Revaluation in Share Capital Reduction: Balancing Promoters' Rights and Minority Protection

Date: Mar 6, 2021

NCLAT Mandates Revaluation in Share Capital Reduction: Balancing Promoters' Rights and Minority Protection 1. Introduction The case of Piyush Dilipbhai Shah Nilkantha And Others v. Syngenta India...

NCLAT Affirms CIRP Initiation under Section 9 IBC Despite Limitation Challenges

Date: Mar 5, 2021

NCLAT Affirms CIRP Initiation under Section 9 IBC Despite Limitation Challenges Introduction The case of Rajendrakumar Kundanmal Jain (Shareholder & Ex-Director) versus Vijal A. Jain (Proprietor of...

Liability of Auction Purchasers Under IBC and SARFAESI: Insights from Tarun International Ltd. v. Vikram Bajaj

Date: Mar 4, 2021

Liability of Auction Purchasers Under IBC and SARFAESI: Insights from Tarun International Ltd. v. Vikram Bajaj Introduction The case of Tarun International Ltd. v. Vikram Bajaj (RP for Anil Special...

Supremacy of Insolvency Proceedings Over Pending Litigations: Insights from Vidharbha Industries Power Limited v. Axis Bank Limited

Date: Mar 3, 2021

Supremacy of Insolvency Proceedings Over Pending Litigations: Insights from Vidharbha Industries Power Limited v. Axis Bank Limited Introduction The case of Vidharbha Industries Power Limited v. Axis...

Equitable Treatment and Security Interests in Insolvency Resolution: Insights from India Resurgence ARC Pvt. Ltd. v. Amit Metaliks Ltd.

Date: Mar 3, 2021

Equitable Treatment and Security Interests in Insolvency Resolution: Insights from India Resurgence ARC Pvt. Ltd. v. Amit Metaliks Limited And Another Introduction The case of India Resurgence ARC...

Recognition of Investment Deposits as Financial Debt under IBC: Mohanlal Dhakad v. BNG Global India Limited

Date: Feb 23, 2021

Recognition of Investment Deposits as Financial Debt under IBC: Mohanlal Dhakad v. BNG Global India Limited Introduction The case of Mohanlal Dhakad v. BNG Global India Limited addresses a pivotal...

Interim Relief in Corporate Mismanagement: NCLAT Upholds Union of India's Petition in Union Of India v. Delhi Gymkhana Club Ltd.

Date: Feb 16, 2021

Interim Relief in Corporate Mismanagement: NCLAT Upholds Union of India's Petition in Union Of India v. Delhi Gymkhana Club Ltd. Introduction The case of Union Of India, Ministry Of Corporate Affairs...

Defining Operational Creditor: NCLAT's Decision in Rk Associates & Hoteliers Pvt. Ltd. v. Bw Businessworld Media Pvt. Ltd.

Date: Feb 13, 2021

Defining Operational Creditor: NCLAT's Decision in Rk Associates & Hoteliers Pvt. Ltd. v. Bw Businessworld Media Pvt. Ltd. Introduction The case of Rk Associates & Hoteliers Pvt. Ltd. v. Bw...

Strict Adherence to Pre-Existing Disputes in IBC Insolvency Applications: Insights from Pathania v. Valuelabs

Date: Feb 10, 2021

Strict Adherence to Pre-Existing Disputes in IBC Insolvency Applications: Insights from Pathania v. Valuelabs Introduction The case of Narayan Singh Pathania Managing Director Global Energy Private...

NCLAT Upholds IBC's Overriding Effect Over Income Tax Act: TDS Under Section 194-IA Disallowed in Liquidation Proceedings

Date: Feb 9, 2021

NCLAT Upholds IBC's Overriding Effect Over Income Tax Act: TDS Under Section 194-IA Disallowed in Liquidation Proceedings Introduction In the landmark case of Om Prakash Agrawal Liquidators Kumars...

Decree Holders and Their Rights in Insolvency Proceedings: Insights from Ashok Agarwal v. Amitex Polymers Pvt. Ltd.

Date: Feb 6, 2021

Decree Holders and Their Rights in Insolvency Proceedings: Insights from Ashok Agarwal v. Amitex Polymers Pvt. Ltd. Introduction The case of Ashok Agarwal v. Amitex Polymers Private Limited,...

Limitation of Review Powers in NCLAT: Insights from Adish Jain v. Sumit Bansal

Date: Feb 4, 2021

Limitation of Review Powers in NCLAT: Insights from Adish Jain v. Sumit Bansal 1. Introduction The case of Adish Jain v. Sumit Bansal adjudicated by the National Company Law Appellate Tribunal...

Pondicherry Extraction Industries Pvt. Ltd. v. Bank Of Baroda: Expanding the Scope of Section 10 Applications under the I&B Code

Date: Jan 21, 2021

Pondicherry Extraction Industries Pvt. Ltd. v. Bank Of Baroda: Expanding the Scope of Section 10 Applications under the Insolvency & Bankruptcy Code Introduction The case of Pondicherry Extraction...

NCLT's Authority in Appointing Special Officers to Manage Company Affairs: A Commentary on Arun Gupta v. South Eastern Carriers Limited

Date: Jan 21, 2021

NCLT's Authority in Appointing Special Officers to Manage Company Affairs: A Commentary on Arun Gupta v. South Eastern Carriers Limited Introduction The case of Arun Gupta And Another v. South...

Clarifying EMD Forfeiture in Public Auctions under IBC: Insights from Saboo Tor Pvt. Ltd. v. Sanjay Gupta

Date: Jan 19, 2021

Clarifying EMD Forfeiture in Public Auctions under IBC: Insights from Saboo Tor Pvt. Ltd. v. Sanjay Gupta Introduction The case of Saboo Tor Private Limited v. Sanjay Gupta, Liquidator Case Cold Roll...