National Company Law Appellate Tribunal Case Commentaries

Limitations under the Insolvency and Bankruptcy Code: Insights from B. Prashanth Hegde v. State Bank Of India

Date: Oct 15, 2020

Limitations under the Insolvency and Bankruptcy Code: Insights from B. Prashanth Hegde v. State Bank Of India Introduction The case of B. Prashanth Hegde v. State Bank Of India And Another revolves...

Prospective Application of IBC Section 4 Amendments: Insights from Madhusudan Tantia v. Amit Choraria

Date: Oct 13, 2020

Prospective Application of IBC Section 4 Amendments: Insights from Madhusudan Tantia v. Amit Choraria Introduction The case of Madhusudan Tantia v. Amit Choraria And Another adjudicated by the...

Tribunal Affirms Lease Rentals as 'Operational Debt' Under IBC: Anup Sushil Dubey v. NAFED

Date: Oct 8, 2020

Tribunal Affirms Lease Rentals as 'Operational Debt' Under IBC Anup Sushil Dubey v. National Agriculture Co-Operative Marketing Federation Of India Ltd. And Another Court: National Company Law...

Anshul Vashistha v. Jayhind Steel Traders: Landmark Ruling on CIRP Initiation Criteria under IBC 2016

Date: Oct 1, 2020

Anshul Vashistha v. Jayhind Steel Traders: Landmark Ruling on CIRP Initiation Criteria under IBC 2016 Introduction The case of Anshul Vashistha v. Jayhind Steel Traders And Another No. 2 adjudicated...

Withdrawal of Approved Resolution Plans: Insights from Kundan Care Products Ltd. v. Amit Gupta

Date: Oct 1, 2020

Withdrawal of Approved Resolution Plans: Insights from Kundan Care Products Ltd. v. Amit Gupta Introduction The case of Kundan Care Products Ltd. (Through Its Director) v. Amit Gupta And Others...

NCLAT Establishes that Margin Money Under Performance Bank Guarantee Can Be Adjusted During Moratorium under Section 14 of I&B Code

Date: Sep 29, 2020

NCLAT Establishes that Margin Money Under Performance Bank Guarantee Can Be Adjusted During Moratorium under Section 14 of I&B Code Introduction The case of Indian Overseas Bank v. Arvind Kumar...

Ensuring Proper Notice and Addressing Pre-Existing Disputes in Insolvency Proceedings: Kalash v. Apeejay Park Hotels Ltd.

Date: Sep 24, 2020

Ensuring Proper Notice and Addressing Pre-Existing Disputes in Insolvency Proceedings: Prakash Kalash v. Apeejay Surrendra Park Hotels Ltd. Introduction The case of Prakash Kalash Shareholder &...

NCLAT Confirms Prior CCI Approval Requirement in Insolvency Resolution Plans Involving Combinations: Makalu Trading Ltd. v. Rajiv Chakraborty

Date: Sep 10, 2020

NCLAT Confirms Prior CCI Approval Requirement in Insolvency Resolution Plans Involving Combinations: Makalu Trading Ltd. v. Rajiv Chakraborty Introduction The case of Makalu Trading Ltd. And Others...

Clarification on Section 7 Applications Post-Dharani Sugars: NCLAT Upholds Supreme Court Ruling

Date: Sep 8, 2020

Clarification on Section 7 Applications Post-Dharani Sugars: NCLAT Upholds Supreme Court Ruling Introduction The case of Punjab National Bank (Erstwhile Oriental Bank Of Commerce Corporate Branch) v....

Rita Kapur v. Invest Care Real Estate LLP: Defining Financial Creditor under the Insolvency and Bankruptcy Code, 2016

Date: Sep 3, 2020

Rita Kapur v. Invest Care Real Estate LLP: Defining Financial Creditor under the Insolvency and Bankruptcy Code, 2016 Introduction The case of Rita Kapur v. Invest Care Real Estate LLP was...

Ensuring Proper Service in Corporate Insolvency: An Analysis of Girish Baduni v. Punjab National Bank & Anr.

Date: Aug 28, 2020

Ensuring Proper Service in Corporate Insolvency: An Analysis of Girish Baduni v. Punjab National Bank & Anr. Introduction The case of Girish Baduni v. Punjab National Bank & Anr. adjudicated by the...

Clarifying Default Standards under IBC: Insights from Park Energy Pvt. Ltd. v. Syndicate Bank

Date: Aug 25, 2020

Clarifying Default Standards under IBC: Insights from Park Energy Pvt. Ltd. v. Syndicate Bank Introduction The case of Park Energy Pvt. Ltd., Through Its Authorised Representative, Hari Chaudhary...

Limitations on Challenges to Approved Resolution Plans under the Insolvency & Bankruptcy Code: Insights from Shree Sidhivinayak Cotspin Pvt. Ltd. v. Resolution Professional of Maruti Cotex Ltd.

Date: Aug 21, 2020

Limitations on Challenges to Approved Resolution Plans under the Insolvency & Bankruptcy Code: Insights from Shree Sidhivinayak Cotspin Pvt. Ltd. & Anr v. Resolution Professional of Maruti Cotex Ltd....

NCLAT's Clarification on Financial Creditor Status under IBC: Vipul Ltd. vs. Solitaire Buildmart Pvt. Ltd.

Date: Aug 19, 2020

NCLAT's Clarification on Financial Creditor Status under IBC: Vipul Ltd. vs. Solitaire Buildmart Pvt. Ltd. Introduction The case of Vipul Limited v. Solitaire Buildmart Pvt. Ltd. adjudicated by the...

Threshold Limits for Initiating Corporate Insolvency: Sushil Ansal v. Ashok Tripathi Establishes Critical Precedent

Date: Aug 15, 2020

Threshold Limits for Initiating Corporate Insolvency: Sushil Ansal v. Ashok Tripathi Establishes Critical Precedent Introduction The case of Sushil Ansal v. Ashok Tripathi and Others adjudicated by...

NCLAT Upholds Committee of Creditors' Power to Liquidate Without Resolution Steps in CIRP

Date: Aug 11, 2020

NCLAT Upholds Committee of Creditors' Power to Liquidate Without Resolution Steps in CIRP Introduction The case of Sunil S. Kakkad v. Atrium Infocomm Pvt Ltd & Anr. adjudicated by the National...

Kotak Investment Advisors Limited v. Krishna Chamadia: Upholding Due Process in Corporate Insolvency

Date: Aug 6, 2020

Kotak Investment Advisors Limited v. Krishna Chamadia: Upholding Due Process in Corporate Insolvency Introduction The case of Kotak Investment Advisors Limited v. Krishna Chamadia And Others...

Res Judicata Prevents Withdrawal of Approved Resolution Plans: NCLAT in Educomp Solutions Ltd.

Date: Jul 30, 2020

Res Judicata Prevents Withdrawal of Approved Resolution Plans: NCLAT in Educomp Solutions Ltd. Introduction The case of Committee Of Creditors Of Educomp Solutions Ltd. v. Ebix Singapore Pte. Ltd....

Judicial Precedent on Resolution Plan Approval: Vishal Vijay Kalantri v. Shailen Shah

Date: Jul 25, 2020

Judicial Precedent on Resolution Plan Approval: Vishal Vijay Kalantri v. Shailen Shah Introduction The case of Vishal Vijay Kalantri v. Shailen Shah (Resolution Professional of Dighi Port Ltd.) &...

Establishing Default in Insolvency Proceedings: Monotrone Leasing Pvt. Ltd. v. PM Cold Storage Pvt. Ltd.

Date: Jul 17, 2020

Establishing Default in Insolvency Proceedings: Monotrone Leasing Pvt. Ltd. v. PM Cold Storage Pvt. Ltd. Introduction The case of Monotrone Leasing Private Limited v. PM Cold Storage Private Limited...