National Company Law Appellate Tribunal Case Commentaries

Clarifying the Invocation of Irrevocable Bank Guarantees During Insolvency Moratorium under IBC: IDBI Bank Ltd. v. Indian Oil Corporation Ltd.

Date: Jan 11, 2023

Clarifying the Invocation of Irrevocable Bank Guarantees During Insolvency Moratorium under IBC: IDBI Bank Ltd. v. Indian Oil Corporation Ltd. Introduction The case of IDBI Bank Ltd. v. Indian Oil...

Finality of Committee of Creditors' Decisions in Insolvency Resolution: Hem Singh Bharana v. M/s Pawan Doot Estate Pvt. Ltd.

Date: Jan 6, 2023

Finality of Committee of Creditors' Decisions in Insolvency Resolution: Hem Singh Bharana v. M/s Pawan Doot Estate Pvt. Ltd. Introduction The case of Hem Singh Bharana v. M/s Pawan Doot Estate...

NCLAT Affirms Authority to Direct Tenant Eviction During CIRP under IBC

Date: Jan 6, 2023

Establishing NCLAT's Authority to Direct Tenant Eviction to Facilitate CIRP Introduction The case of MIS Jhanvi Rajpal Automotive Private Limited v. R.P. of Rajpal Abhikaran Pvt. Ltd. adjudicated by...

Reconciling IBC with Central Excise Refunds: NCLAT's Landmark Decision Amid COVID-19

Date: Jan 5, 2023

Reconciling IBC with Central Excise Refunds: NCLAT's Landmark Decision Amid COVID-19 Introduction The case of Office Of The Assistant Commissioner Of Central Tax And Another v. Rakesh Singala,...

Extending Limitation Period through Acknowledgment of Debt under Section 7 IBC: Insights from Edelweiss v. Perfect Engine Components

Date: Dec 23, 2022

Extending Limitation Period through Acknowledgment of Debt under Section 7 IBC: Insights from Edelweiss Asset Reconstruction Company Limited v. Perfect Engine Components Pvt. Ltd. 1. Introduction The...

NCLAT Upholds Removal of Liquidator for Non-compliance with AFA Regulations: Venkata Sivakumar v. IDBI Bank Limited

Date: Dec 21, 2022

NCLAT Upholds Removal of Liquidator for Non-compliance with AFA Regulations: Venkata Sivakumar v. IDBI Bank Limited Introduction The National Company Law Appellate Tribunal (NCLAT), Chennai Bench,...

Non-Maintainability of Section 7 Applications Against NBFCs as Corporate Guarantors: Nirmal Kumar Agarwal v. State Bank of India

Date: Dec 20, 2022

Non-Maintainability of Section 7 Applications Against NBFCs as Corporate Guarantors: Nirmal Kumar Agarwal v. State Bank of India Introduction The case of Nirmal Kumar Agarwal v. State Bank of India &...

Finality of Resolution Plans in IBC: NCLAT Upholds Strict Timelines and Resists Withdrawal Post-Approval

Date: Dec 20, 2022

Finality of Resolution Plans in IBC: NCLAT Upholds Strict Timelines and Resists Withdrawal Post-Approval Introduction The case of Kalinga Allied Industries India Private Limited v. Committee of...

Enforceability of Approved Resolution Plans under IBC: NCLAT's Ruling in GP Global Energy Pvt Ltd v. Anil Kohli & Ors.

Date: Dec 16, 2022

Enforceability of Approved Resolution Plans under IBC: NCLAT's Ruling in GP Global Energy Pvt Ltd v. Anil Kohli & Ors. Introduction The case of M/s. GP Global Energy Pvt Ltd v. Anil Kohli & Ors. was...

Penalizing Fraudulent Initiation of CIRP under Section 65 IBC: NCLAT Judgment in Slb Welfare Association v. PSA Impex Pvt Ltd

Date: Dec 5, 2022

Penalizing Fraudulent Initiation of CIRP under Section 65 IBC: NCLAT Judgment in Slb Welfare Association v. PSA Impex Pvt Ltd Introduction The case of Slb Welfare Association Through Its President -...

Strict Enforcement of Appeal Deadlines under Insolvency & Bankruptcy Code: Insights from M.K. Resely v. Union Bank of India

Date: Nov 25, 2022

Strict Enforcement of Appeal Deadlines under Insolvency & Bankruptcy Code: Insights from M.K. Resely v. Union Bank of India Introduction The case of M.K. Resely v. Union Bank of India - Erattupetta...

Clarification on the Effect of Stay Orders in Insolvency Proceedings: Ashok Kumar Tyagi v. UCO Bank

Date: Nov 22, 2022

Clarification on the Effect of Stay Orders in Insolvency Proceedings: Ashok Kumar Tyagi v. UCO Bank Introduction The case of Ashok Kumar Tyagi v. UCO Bank and Anr. adjudicated by the National Company...

NCLAT Establishes Comprehensive Guidelines for Evaluating Settlement Proposals under Section 12A in CIRP

Date: Nov 22, 2022

NCLAT Establishes Comprehensive Guidelines for Evaluating Settlement Proposals under Section 12A in CIRP Introduction The case of Sanjeev Mahajan v. Indian Bank (Erstwhile Allahabad Bank) & Ors...

IBC Precedent: Financial Debt Includes Accrued Interest – BASE Realtors Pvt. Ltd. v. Grand Realcon Pvt. Ltd.

Date: Nov 16, 2022

IBC Precedent: Financial Debt Includes Accrued Interest – BASE Realtors Pvt. Ltd. v. Grand Realcon Pvt. Ltd. Introduction The case of BASE Realtors Private Limited v. Grand Realcon Private Limited...

Strengthening Consortium Lending Protocols: Insights from Rakshit Dhirajlal Doshi v. IDBI Bank Ltd. and Ors.

Date: Nov 16, 2022

Strengthening Consortium Lending Protocols: Insights from Rakshit Dhirajlal Doshi v. IDBI Bank Ltd. and Ors. Introduction The case of Rakshit Dhirajlal Doshi v. IDBI Bank Ltd. and Ors. adjudicated by...

Recognition of Leasehold Rights as Intangible Assets under Insolvency and Bankruptcy Code: NCLAT's Landmark Decision in New Okhla Industrial Development Authority v. Amit Agarwal

Date: Oct 22, 2022

Recognition of Leasehold Rights as Intangible Assets under Insolvency and Bankruptcy Code: NCLAT's Landmark Decision in New Okhla Industrial Development Authority v. Amit Agarwal Introduction The...

Concor Air Limited v. MR Ashish Chhawchharia: Reinforcing Protections for Workmen's Provident and Gratuity Funds Under IBC

Date: Oct 22, 2022

Concor Air Limited v. MR Ashish Chhawchharia: Reinforcing Protections for Workmen's Provident and Gratuity Funds Under IBC Introduction The case of Concor Air Limited v. MR Ashish Chhawchharia...

NCLAT Reaffirms Limitation on Section 7 IBC Applications in Deepak Vegpro Pvt. Ltd. v. Shree Hari Agro Industries Ltd.

Date: Oct 12, 2022

NCLAT Reaffirms Limitation on Section 7 IBC Applications in Deepak Vegpro Pvt. Ltd. v. Shree Hari Agro Industries Ltd. 1. Introduction The case of Deepak Vegpro Pvt. Ltd. v. Shree Hari Agro...

Connect Residuary v. Ricoh India: NCLAT Reaffirms the Non-Justiciability of CoC's Commercial Decisions in Insolvency Resolutions

Date: Oct 11, 2022

Connect Residuary v. Ricoh India: NCLAT Reaffirms the Non-Justiciability of CoC's Commercial Decisions in Insolvency Resolutions Introduction The case of Connect Residuary Private Limited v. M/s...

Non-Justiciable Nature of Committee of Creditors' Commercial Decisions in Insolvency Proceedings

Date: Sep 24, 2022

Non-Justiciable Nature of Committee of Creditors' Commercial Decisions in Insolvency Proceedings 1. Introduction The case of Rahul Khilnani & Anr. v. Atul Kumar Jain & Ors adjudicated by the National...