National Company Law Appellate Tribunal Case Commentaries

Clarifying NCLT's Jurisdiction Over Rent Control Laws in Insolvency Liquidation: Insights from ADINATH JEWELLERY EXPORTS v. MR. BRIJENDRA KUMAR MISHRA

Date: Apr 25, 2023

Clarifying NCLT's Jurisdiction Over Rent Control Laws in Insolvency Liquidation: Insights from ADINATH JEWELLERY EXPORTS v. MR. BRIJENDRA KUMAR MISHRA Introduction The case of ADINATH JEWELLERY...

NCLAT Upholds Strict Timelines for Appeals under IBC: Limits of Section 14 of the Limitation Act

Date: Apr 19, 2023

NCLAT Upholds Strict Timelines for Appeals under IBC: Limits of Section 14 of the Limitation Act Introduction The case of SREI Equipment Finance Limited v. Kalpataru Properties Pvt. Ltd. adjudicated...

NCLAT Sets Precedent on Jurisdictional Limits in Insolvency Cases: SICOM v. Kitply

Date: Apr 11, 2023

NCLAT Sets Precedent on Jurisdictional Limits in Insolvency Cases: SICOM v. Kitply Introduction The case of SICOM Asset Reconstruction Company Limited v. Kitply Industries Ltd & Ors adjudicated by...

Clarification on 'Pre-existing Dispute' under Section 9 of the Insolvency & Bankruptcy Code: NCLAT Upholds CIRP Initiation

Date: Apr 1, 2023

Clarification on 'Pre-existing Dispute' under Section 9 of the Insolvency & Bankruptcy Code: NCLAT Upholds CIRP Initiation Introduction The case of Deepak Modi v. Shalfeyo Industries Private Limited...

NCLAT Affirms Immutable Default Date in IBC Proceedings: Yatra Online Ltd. vs. Ezeego One Travel & Tours Ltd.

Date: Apr 1, 2023

NCLAT Affirms Immutable Default Date in IBC Proceedings: Yatra Online Ltd. vs. Ezeego One Travel & Tours Ltd. Introduction The case of Yatra Online Limited vs. Ezeego One Travel & Tours Limited...

NCLAT Clarifies Distinction Between Financial and Operational Creditors in Invoice Discounting: Minions Ventures v. TDT Copper Ltd

Date: Mar 29, 2023

NCLAT Clarifies Distinction Between Financial and Operational Creditors in Invoice Discounting: Minions Ventures Pvt Ltd v. TDT Copper Limited Introduction The case of Minions Ventures Pvt Ltd v. TDT...

NCLAT Establishes Unsuccessful Resolution Applicants Lack Standing to Challenge Resolution Plans

Date: Mar 18, 2023

NCLAT Establishes Unsuccessful Resolution Applicants Lack Standing to Challenge Resolution Plans Introduction The case M. K. Rajagopalan v. S. Rajendran Resolution Professional VHCPL was adjudicated...

Classification of Creditors under IBC: NCLAT's Interpretation in Vishal Chelani & Ors v. Debashis Nanda

Date: Mar 1, 2023

Classification of Creditors under IBC: NCLAT's Interpretation in Vishal Chelani & Ors v. Debashis Nanda Introduction The case of Vishal Chelani & Ors v. Debashis Nanda presented before the National...

NCLAT Affirms NCLT's Decision on Oppression and Mismanagement in Director Appointment and Shareholding Dilution

Date: Feb 24, 2023

NCLAT Affirms NCLT's Decision on Oppression and Mismanagement in Director Appointment and Shareholding Dilution Introduction The case of Ram Prakash Gupta v. Radhey Shyam Sharma & Ors. centers around...

Locus Standi in Oppression and Mismanagement Petitions under Companies Act: Thyagaraja v. CSITA

Date: Feb 17, 2023

Locus Standi in Oppression and Mismanagement Petitions under Companies Act: Thyagaraja v. The Church of South India Trust Association Introduction The case of Thyagaraja v. The Church of South India...

NCLAT's Landmark Decision in Parulkar v. Agarwal: Upholding IBC Sections 43 & 66 Beyond Regulation 35-A Timelines

Date: Feb 17, 2023

NCLAT's Landmark Decision in Parulkar v. Agarwal: Upholding IBC Sections 43 & 66 Beyond Regulation 35-A Timelines Introduction The case of Jagdish Kumar Parulkar Resolution Professional of M/s Tayal...

Clarifying NCLAT's Inherent Powers to Recall Judgments: An Analysis of Union Bank Of India v. Venkatasubramanian

Date: Feb 10, 2023

Clarifying NCLAT's Inherent Powers to Recall Judgments: An Analysis of Union Bank Of India v. Venkatasubramanian Introduction The case of Union Bank of India (erstwhile Corporation Bank) v. Dinkar T....

Binding Nature of CoC-Approved Resolution Plans in Insolvency Proceedings

Date: Feb 10, 2023

Binding Nature of CoC-Approved Resolution Plans in Insolvency Proceedings Introduction The case of Express Resorts and Hotels Limited v. Amit Jain adjudicated by the National Company Law Appellate...

Operational Creditor's Burden of Proof under Section 9 of the Insolvency and Bankruptcy Code: Insights from Greymatter Entertainment Pvt. Ltd. v. Pro Sportify Pvt. Ltd.

Date: Feb 10, 2023

Operational Creditor's Burden of Proof under Section 9 of the Insolvency and Bankruptcy Code: Insights from Greymatter Entertainment Pvt. Ltd. v. Pro Sportify Pvt. Ltd. Introduction The case of...

NCLAT Upholds Authority to Remit Resolution Plans for Compliance: Noble Marine Metals Co. WLL v. Kotak Mahindra Bank Limited & Ors

Date: Feb 10, 2023

NCLAT Upholds Authority to Remit Resolution Plans for Compliance: Noble Marine Metals Co. WLL v. Kotak Mahindra Bank Limited & Ors Introduction The case of Noble Marine Metals Co. WLL v. Kotak...

Ashish Gupta v. Delagua Health India Pvt. Ltd.: Establishing Criteria for Collusive Section 9 Petitions under IBC

Date: Feb 2, 2023

Ashish Gupta v. Delagua Health India Pvt. Ltd.: Establishing Criteria for Collusive Section 9 Petitions under IBC National Company Law Appellate Tribunal, New Delhi | 1st February 2023 Introduction...

Eligibility of Non-Member Directors to Initiate Oppression Relief Petitions: Insights from Jithendra Parlapalli v. Wirecard India Pvt Ltd & Others

Date: Jan 31, 2023

Eligibility of Non-Member Directors to Initiate Oppression Relief Petitions: Insights from Jithendra Parlapalli v. Wirecard India Pvt Ltd & Others Introduction The case of Jithendra Parlapalli v....

NCLAT Reinforces Precedent in Winding Up Petitions Involving Suspected Money Laundering Activities

Date: Jan 26, 2023

NCLAT Reinforces Precedent in Winding Up Petitions Involving Suspected Money Laundering Activities Introduction The case Registrar of Companies, NCT of Delhi and Haryana vs. M/s AD-Fin Capital...

Operational Creditors' Right to Initiate Insolvency Proceedings Under IBC Section 9 Despite Arbitration Clauses: Insights from Shahi Md Karim v. Kabamy India LLP

Date: Jan 26, 2023

Operational Creditors' Right to Initiate Insolvency Proceedings Under IBC Section 9 Despite Arbitration Clauses: Insights from Shahi Md Karim v. Kabamy India LLP Introduction The case of Shahi Md...

NCLAT Affirms CoC's Authority in Challenge Process under IBC: Precedent from Jindal Stainless Limited v. Shailendra Arora Resolution Professional Mittal Corp Ltd & Anr.

Date: Jan 19, 2023

NCLAT Affirms CoC's Authority in Challenge Process under IBC: Precedent from Jindal Stainless Limited v. Shailendra Arora Resolution Professional Mittal Corp Ltd & Anr. Introduction The case of...