National Company Law Appellate Tribunal Case Commentaries

NCLAT Reinforces Strict Adherence to Valuation Procedures under IBC in Rana Saria Poly Pack Pvt. Ltd. v. Uniworld Sugars Pvt. Ltd.

Date: Apr 13, 2022

NCLAT Reinforces Strict Adherence to Valuation Procedures under IBC in Rana Saria Poly Pack Pvt. Ltd. v. Uniworld Sugars Pvt. Ltd. Introduction The National Company Law Appellate Tribunal (NCLAT)...

Acknowledgment of Debt and Limitation in IBC Proceedings: NCLAT's Ruling in Rajesh Kedia v Phoenix ARC Private Ltd.

Date: Apr 12, 2022

Acknowledgment of Debt and Limitation in IBC Proceedings: NCLAT's Ruling in Rajesh Kedia v Phoenix ARC Private Ltd. Introduction The case of Rajesh Kedia, Ex-Director of Ajanta Paper and General...

Operational Creditors' Claims Exclusion in Resolution Plans Valid Under IBC: NCLAT Upholds Resolution Authority's Decision

Date: Apr 8, 2022

Operational Creditors' Claims Exclusion in Resolution Plans Valid Under IBC: NCLAT Upholds Resolution Authority's Decision Introduction The case of M/s. Genius Security and Allied Services v....

NCLAT Establishes Regulation 35A as Directory in Handling Fraudulent Transactions Beyond Prescribed Timeframes

Date: Apr 7, 2022

NCLAT Establishes Regulation 35A as Directory in Handling Fraudulent Transactions Beyond Prescribed Timeframes Introduction The case of Aditya Kumar Tibrewal v. Om Prakash Pandey And Others...

Appellate Tribunal Affirms Restoration Rights for Struck-Off Companies under Companies Act 2013

Date: Apr 6, 2022

Appellate Tribunal Affirms Restoration Rights for Struck-Off Companies under Companies Act 2013 Introduction The case of M/s AVS Enterprises Private Limited v. Registrar of Companies Delhi...

Affirming Operational Debt and Notice Compliance under IBC Section 9: Insights from Mr. Mukul Agarwal v. Royale Resinex Pvt. Ltd.

Date: Mar 31, 2022

Affirming Operational Debt and Notice Compliance under IBC Section 9: Insights from Mr. Mukul Agarwal v. Royale Resinex Pvt. Ltd. Introduction The case of Mr. Mukul Agarwal v. Royale Resinex Pvt....

NCLAT Upholds Section 7 Application Against Corporate Debtor Despite Multiple Claims

Date: Mar 25, 2022

NCLAT Upholds Section 7 Application Against Corporate Debtor Despite Multiple Claims Introduction The case of Mr. Sandeep Garg and Anr. v. M/s DMI Finance Pvt. Ltd. and Anr. dealt with the validity...

Nitin Gupta v. M/S Applied Electro Magnetics Pvt Ltd: Enhancing Protections for Employee Dues in IBC Resolution Plans

Date: Mar 17, 2022

Nitin Gupta v. M/S Applied Electro Magnetics Pvt Ltd: Enhancing Protections for Employee Dues in IBC Resolution Plans Introduction The case Nitin Gupta v. M/S Applied Electro Magnetics Pvt Ltd...

Reconnection of Essential Services During CIRP: Damodar Valley Corpn. v. Karthik Alloys Ltd.

Date: Mar 15, 2022

Reconnection of Essential Services During CIRP: Damodar Valley Corpn. v. Karthik Alloys Ltd. Introduction In the landmark case of Damodar Valley Corporation v. Karthik Alloys Ltd., adjudicated by the...

NCLAT Affirms Enforceability of Excluded Securities in CIRP: Commentary on Committee of Creditors vs. Resolution Professional

Date: Mar 12, 2022

NCLAT Affirms Enforceability of Excluded Securities in CIRP: Commentary on Committee of Creditors vs. Resolution Professional Introduction The case titled Committee of Creditors of Ushdev...

Prioritization of Employee Provident Fund Dues in Insolvency Resolution: Insights from Sikander Singh Jamuwal v. Vinay Talwar

Date: Mar 12, 2022

Prioritization of Employee Provident Fund Dues in Insolvency Resolution: Insights from Sikander Singh Jamuwal v. Vinay Talwar Introduction The case of Sikander Singh Jamuwal And Others v. Vinay...

Validation of Joint Development Agreements in Insolvency Proceedings: Insights from New Okhla Industrial Development Authority v. Nilesh Sharma Resolution Professional

Date: Mar 9, 2022

Validation of Joint Development Agreements in Insolvency Proceedings: Insights from New Okhla Industrial Development Authority v. Nilesh Sharma Resolution Professional Introduction The case of New...

Extension of Limitation Period in Insolvency Proceedings: Raju Chappakal Pappu v. Arunava Sikdar

Date: Mar 8, 2022

Extension of Limitation Period in Insolvency Proceedings: Raju Chappakal Pappu v. Arunava Sikdar Introduction The case of Raju Chappakal Pappu (Through Special POA) And Another v. Arunava Sikdar,...

Extinguishment of Pre-Liquidation Liabilities in Going Concern Transactions: NCLAT's Landmark Ruling in Shiv Shakti v. KTC Foods

Date: Feb 26, 2022

Extinguishment of Pre-Liquidation Liabilities in Going Concern Transactions: NCLAT's Landmark Ruling in Shiv Shakti v. KTC Foods Introduction The legal landscape of insolvency and bankruptcy in India...

Redefining Financial Creditor: Insights from Mukesh N. Desai Shree Darshan Society v. Piyush Patel

Date: Feb 25, 2022

Redefining Financial Creditor: Insights from Mukesh N. Desai Shree Darshan Society v. Piyush Patel Introduction The case of Mukesh N. Desai Shree Darshan Society v. Piyush Patel And Others...

Enhancement of Pecuniary Jurisdiction Threshold under IBC: Metals and Metal Electric Pvt Ltd v. GOMS Electricals Pvt Ltd

Date: Feb 25, 2022

Enhancement of Pecuniary Jurisdiction Threshold under IBC: Metals and Metal Electric Pvt Ltd v. GOMS Electricals Pvt Ltd Introduction The case of Metals and Metal Electric Pvt Ltd v. GOMS Electricals...

NCLAT Reinforces IBC Compliance: Sets New Precedent on Valuation and Fair Treatment of Related Party Creditors in Appu Hotels Limited Case

Date: Feb 18, 2022

NCLAT Reinforces IBC Compliance: Sets New Precedent on Valuation and Fair Treatment of Related Party Creditors in Appu Hotels Limited Case Introduction The case of Dr. Periasamy Palani Gounder...

NCLAT Clarifies Definition of Financial Creditor under IBC: Speculative Investors Excluded

Date: Feb 1, 2022

NCLAT Clarifies Definition of Financial Creditor under IBC: Speculative Investors Excluded Introduction The National Company Law Appellate Tribunal (NCLAT) rendered a pivotal judgment on January 31,...

Enforcement of Corporate Guarantees under IBC and Limitation Periods: An Analysis of SABBAS WINIFRED JOSEPH vs. IDBI BANK LIMITED

Date: Jan 28, 2022

Enforcement of Corporate Guarantees under IBC and Limitation Periods: An Analysis of Sabbas Winifred Joseph vs. IDBI Bank Limited Introduction The case of Sabbas Winifred Joseph Suspended Director of...

Exclusion of COVID-19 Lockdown Period in Insolvency Proceedings: Indiabulls Housing Finance Ltd v. Sandeep Chandna

Date: Jan 19, 2022

Exclusion of COVID-19 Lockdown Period in Insolvency Proceedings: Indiabulls Housing Finance Ltd v. Sandeep Chandna Introduction The case of Indiabulls Housing Finance Limited v. Sandeep Chandna was...