National Company Law Appellate Tribunal Case Commentaries

Inclusion of Interest in Operational Debt: NCLAT’s Landmark Decision in Prashant Agarwal v. Vikash Parasrampuria & Anr.

Date: Jul 16, 2022

Inclusion of Interest in Operational Debt: NCLAT’s Landmark Decision in Prashant Agarwal v. Vikash Parasrampuria & Anr. Introduction The case of Prashant Agarwal v. Vikash Parasrampuria & Anr....

Defining 'Filing' in Insolvency Proceedings: NCLAT’s Clarification in Krishan Kumar Basia v. State Bank of India

Date: Jul 15, 2022

Defining 'Filing' in Insolvency Proceedings: NCLAT’s Clarification in Krishan Kumar Basia v. State Bank of India Introduction The judgment in Krishan Kumar Basia v. State Bank of India (Company...

Tribunal Must Provide Reasonable Opportunity for Reply in Insolvency Proceedings Under IBC: Ashok Tiwari v. DBS Bank India Limited & Anr

Date: Jul 15, 2022

Tribunal Must Provide Reasonable Opportunity for Reply in Insolvency Proceedings Under IBC Introduction The case of Ashok Tiwari v. DBS Bank India Limited & Anr adjudicated by the National Company...

Key Rulings on Financial Creditors and Related Parties: Analysis of IDBI Trusteeship Services Limited v. Abhinav Mukherji And Others

Date: Jul 13, 2022

Key Rulings on Financial Creditors and Related Parties: Analysis of IDBI Trusteeship Services Limited v. Abhinav Mukherji And Others Introduction The case of Idbi Trusteeship Services Limited v....

Employees Provident Fund Claims Excluded from Liquidation Estate: Commentary on The Regional Provident Fund Commissioner -II Legal Tambaram v. Titanium Tantalum Products Limited

Date: Jul 12, 2022

Employees Provident Fund Claims Excluded from Liquidation Estate: Commentary on The Regional Provident Fund Commissioner -II Legal Tambaram v. Titanium Tantalum Products Limited Introduction The case...

IBC Tribunal Reclassifies License Fee Claims as Operational Debt: Jaipur Trade Expocentre v Metro Jet Airways Training

Date: Jul 6, 2022

IBC Tribunal Reclassifies License Fee Claims as Operational Debt: Jaipur Trade Expocentre v Metro Jet Airways Training Introduction The case of Jaipur Trade Expocentre Private Limited v. Metro Jet...

Strengthening Interpretation of Section 29A(c) of the Insolvency and Bankruptcy Code: NCLAT Upholds Resolution Applicant Eligibility in Avantha Holdings v. Abhilash Lal Resolution Professional

Date: Jul 5, 2022

Strengthening Interpretation of Section 29A(c) of the Insolvency and Bankruptcy Code: NCLAT Upholds Resolution Applicant Eligibility in Avantha Holdings v. Abhilash Lal Resolution Professional...

NCLAT Strengthens Enforcement of Competition Law: Severe Penalties for Misrepresentation by Amazon in MBRT Sector

Date: Jun 14, 2022

NCLAT Strengthens Enforcement of Competition Law: Severe Penalties for Misrepresentation by Amazon in MBRT Sector Introduction The case of Amazon.com NV Investment Holdings LLC v. Competition...

Reverse Corporate Insolvency Resolution Process Established in Ram Kishor Arora v. Union Bank of India

Date: Jun 11, 2022

Establishing the Reverse Corporate Insolvency Resolution Process in Real Estate: NCLAT's Decision in Ram Kishor Arora v. Union Bank of India Introduction The case of Ram Kishor Arora Suspended...

NCLAT Mandates Inclusion of Unfiled Homebuyer Claims in Resolution Plans

Date: Jun 2, 2022

Inclusion of Unfiled Homebuyer Claims in Insolvency Resolution: Insights from Puneet Kaur v. K.V. Developers Private Limited And Others Introduction The case of Puneet Kaur v. K.V. Developers Private...

Clarification on CIRP Cost Treatment in Resolution Plans: Mack Star Marketing Pvt. Ltd. v. Ashish Chawchharia

Date: May 31, 2022

Clarification on CIRP Cost Treatment in Resolution Plans: Mack Star Marketing Pvt. Ltd. v. Ashish Chawchharia Introduction The case of Mack Star Marketing Private Limited v. Ashish Chawchharia...

IBC Section 60: NCLAT Establishes CIRP Against Personal Guarantors Independent of Principal Debtor's Status

Date: May 28, 2022

IBC Section 60: NCLAT Establishes CIRP Against Personal Guarantors Independent of Principal Debtor's Status National Company Law Appellate Tribunal Date: May 27, 2022 Introduction The case of UCO...

NCLAT Reinforces IBC Priority: Operational Creditors’ Claims Within IBC Framework

Date: May 27, 2022

NCLAT Reinforces IBC Priority: Operational Creditors’ Claims Within IBC Framework Introduction The case of Eastern Power Distribution Company of Andhra Pradesh Limited v. Maithan Alloys Limited &...

Publication Compliance in CIRP: Akshar Plastchem Investment Pvt. Ltd. v. Shri Bijay Murmuria and Others

Date: May 27, 2022

Publication Compliance in CIRP: Akshar Plastchem Investment Pvt. Ltd. v. Shri Bijay Murmuria and Others Introduction The case of Akshar Plastchem Investment Private Limited v. Shri Bijay Murmuria and...

Resolution Plan Approval Post-Deadline: Insights from Damodar Valley Corporation v. Dimension Steel and Alloys Pvt. Ltd.

Date: May 24, 2022

Resolution Plan Approval Post-Deadline: Insights from Damodar Valley Corporation v. Dimension Steel and Alloys Pvt. Ltd. Introduction The case of Damodar Valley Corporation (DVC) versus Dimension...

Defining Financial Debt under IBC: Insights from Vipul Himatlal Shah v. Teco Industries

Date: May 19, 2022

Defining Financial Debt under IBC: Insights from Vipul Himatlal Shah v. Teco Industries Introduction The case of Vipul Himatlal Shah and Another v. Teco Industries, Partnership And Another...

Flexibility in CIRP Valuations and Distribution Mechanisms: A Comprehensive Analysis of Indian Bank v. Charu Desai NCLAT Judgment

Date: May 7, 2022

Flexibility in CIRP Valuations and Distribution Mechanisms: A Comprehensive Analysis of Indian Bank v. Charu Desai NCLAT Judgment Introduction The case of Indian Bank v. Charu Desai, Erstwhile...

NCLAT Upholds Liability of Ex-Directors for Fraudulent Transactions in Insolvency Proceedings

Date: May 5, 2022

NCLAT Upholds Liability of Ex-Directors for Fraudulent Transactions in Insolvency Proceedings Introduction The case of Nitin Bharal, Ex-Director And Others v. Stockflow Express Private Limited...

Limits of Moratorium Under Insolvency and Bankruptcy Code: Insights from MIDC v. Santanu Ray

Date: May 5, 2022

Limits of Moratorium Under Insolvency and Bankruptcy Code: Insights from Maharashtra Industrial Development Corporation v. Santanu T. Ray Introduction The case of Maharashtra Industrial Development...

Finality of Approved Resolution Plans within CIRP Timelines: Steel Strips Wheels Ltd. v. Avil Menezes

Date: Apr 19, 2022

Finality of Approved Resolution Plans within CIRP Timelines: Steel Strips Wheels Ltd. v. Avil Menezes Introduction The case of Steel Strips Wheels Ltd. v. Avil Menezes, Resolution Professional Of AMW...