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National Company Law Appellate Tribunal Case Commentaries

NCLAT's Landmark Decision on Classification of Security Deposits as Financial Debt under IBC

NCLAT's Landmark Decision on Classification of Security Deposits as Financial Debt under IBC

Date: Oct 8, 2021
NCLAT's Landmark Decision on Classification of Security Deposits as Financial Debt under IBC Introduction The case of Sach Marketing Private Limited v. Resolution Professional of Mount Shivalik...
Starlog Enterprises Ltd. v. Avil Menezes: Defining Financial Debt under the IBC

Starlog Enterprises Ltd. v. Avil Menezes: Defining Financial Debt under the IBC

Date: Oct 8, 2021
Starlog Enterprises Ltd. v. Avil Menezes: Defining Financial Debt under the IBC Introduction Starlog Enterprises Ltd. v. Avil Menezes is a landmark case adjudicated by the National Company Law...
NCLAT Upholds Irrevocability of CoC-Approved Resolution Plans: Implications for Insolvency Proceedings

NCLAT Upholds Irrevocability of CoC-Approved Resolution Plans: Implications for Insolvency Proceedings

Date: Sep 21, 2021
NCLAT Upholds Irrevocability of CoC-Approved Resolution Plans: Implications for Insolvency Proceedings Introduction The National Company Law Appellate Tribunal (NCLAT) delivered a landmark judgment...
NCLAT Reinforces Section 14 Moratorium Protections under IBC: SM Milkose Limited v. Parvinder Kumar Bhatt

NCLAT Reinforces Section 14 Moratorium Protections under IBC: SM Milkose Limited v. Parvinder Kumar Bhatt

Date: Aug 28, 2021
NCLAT Reinforces Section 14 Moratorium Protections under IBC: SM Milkose Limited v. Parvinder Kumar Bhatt Introduction The case of SM Milkose Limited And Another v. Parvinder Kumar Bhatt And Others...
Excluding Personal Guarantees in Resolution Plans: Insights from Nitin Chandrakant Naik v. Sanidhya Industries LLP

Excluding Personal Guarantees in Resolution Plans: Insights from Nitin Chandrakant Naik v. Sanidhya Industries LLP

Date: Aug 27, 2021
Excluding Personal Guarantees in Resolution Plans: Insights from Nitin Chandrakant Naik v. Sanidhya Industries LLP Introduction The case of Nitin Chandrakant Naik And Another v. Sanidhya Industries...
Doshi Holdings Pvt. Ltd. v. Anand Rathi Global Finance Ltd.: Defining Co-Borrower Liabilities Under IBC

Doshi Holdings Pvt. Ltd. v. Anand Rathi Global Finance Ltd.: Defining Co-Borrower Liabilities Under IBC

Date: Aug 26, 2021
Doshi Holdings Pvt. Ltd. v. Anand Rathi Global Finance Ltd.: Defining Co-Borrower Liabilities Under IBC Introduction The case of Maitreya Doshi v. Anand Rathi Global Finance Ltd. & Anr adjudicated by...
Affirmation of Liquidator’s Authority to Sell Corporate Debtor as a Going Concern under IBC: Mohan Gems & Jewels Pvt. Ltd. v. Vijay Verma

Affirmation of Liquidator’s Authority to Sell Corporate Debtor as a Going Concern under IBC: Mohan Gems & Jewels Pvt. Ltd. v. Vijay Verma

Date: Aug 25, 2021
Affirmation of Liquidator’s Authority to Sell Corporate Debtor as a Going Concern under IBC 1. Introduction The case Mohan Gems & Jewels Private Limited v. Vijay Verma deliberated upon the authority...
Reaffirming COC's Commercial Discretion in IBC Resolution Plans: Insights from Panch Tatva Promoters Pvt. Ltd. v. GPT Steel Industries Ltd.

Reaffirming COC's Commercial Discretion in IBC Resolution Plans: Insights from Panch Tatva Promoters Pvt. Ltd. v. GPT Steel Industries Ltd.

Date: Aug 19, 2021
Reaffirming COC's Commercial Discretion in IBC Resolution Plans: Insights from Panch Tatva Promoters Pvt. Ltd. v. GPT Steel Industries Ltd. Introduction The case of Panch Tatva Promoters Pvt. Ltd....
NCLAT Affirms Dismissal of Employee Claims Under IBC’s Section 9: Emphasis on Procedural Compliance

NCLAT Affirms Dismissal of Employee Claims Under IBC’s Section 9: Emphasis on Procedural Compliance

Date: Aug 19, 2021
NCLAT Affirms Dismissal of Employee Claims Under IBC’s Section 9: Emphasis on Procedural Compliance 1. Introduction The case of Ranjeet Singh v. M/s Karan Motors Private Limited addressed critical...
NCLAT Establishes Boundaries for Operational Creditor Claims under IBC

NCLAT Establishes Boundaries for Operational Creditor Claims under IBC

Date: Aug 19, 2021
NCLAT Establishes Boundaries for Operational Creditor Claims under IBC Introduction The National Company Law Appellate Tribunal (NCLAT) delivered a pivotal judgment on August 18, 2021, in the case of...
Comprehensive Commentary on Shally Sati v. M/s Karan Motors Pvt. Ltd.

Comprehensive Commentary on Shally Sati v. M/s Karan Motors Pvt. Ltd.

Date: Aug 19, 2021
Operational Creditor Appeals under IBC: Insights from Shally Sati v. M/s Karan Motors Pvt. Ltd. Introduction The case of Shally Sati v. M/s Karan Motors Pvt. Ltd. adjudicated by the National Company...
Limitation and Eligibility of Operational Debt Claims under IBC: NCLAT Affirms Dismissal of Time-Barred Salary Claims

Limitation and Eligibility of Operational Debt Claims under IBC: NCLAT Affirms Dismissal of Time-Barred Salary Claims

Date: Aug 19, 2021
Limitation and Eligibility of Operational Debt Claims under IBC: NCLAT Affirms Dismissal of Time-Barred Salary Claims Introduction The recent judgment in Deepa Sati v. MS Karan Motors Pvt Ltd...
NCLAT Reaffirms Limitations on Operational Creditor Claims under IBC: Asha Devi v. M/s Karan Motors Pvt. Ltd.

NCLAT Reaffirms Limitations on Operational Creditor Claims under IBC: Asha Devi v. M/s Karan Motors Pvt. Ltd.

Date: Aug 19, 2021
NCLAT Reaffirms Limitations on Operational Creditor Claims under IBC Introduction In the landmark case of Asha Devi v. M/s Karan Motors Pvt. Ltd., decided on August 18, 2021, the National Company Law...
Enhancing Procedural Fairness in Insolvency Proceedings: Insights from Ravi Ajit Kulkarni v. State Bank of India

Enhancing Procedural Fairness in Insolvency Proceedings: Insights from Ravi Ajit Kulkarni v. State Bank of India

Date: Aug 13, 2021
Enhancing Procedural Fairness in Insolvency Proceedings: Insights from Ravi Ajit Kulkarni v. State Bank of India Introduction The case of Ravi Ajit Kulkarni v. State Bank of India adjudicated by the...
Reaffirming the Definition of Financial Creditor under IBC: Analyzing Ankit Goyat v. Sunita Agarwal & Anr.

Reaffirming the Definition of Financial Creditor under IBC: Analyzing Ankit Goyat v. Sunita Agarwal & Anr.

Date: Aug 13, 2021
Reaffirming the Definition of Financial Creditor under IBC: Analyzing Ankit Goyat v. Sunita Agarwal & Anr. Introduction The case of Ankit Goyat v. Sunita Agarwal & Anr. adjudicated by the National...
Affirming Legitimate Use of IBC for Operational Creditors: NCLAT Sets Precedent in Mahesh Hardware & Pipes Pvt. Ltd v. Jains & Alliance Palm Ventures Pvt Ltd

Affirming Legitimate Use of IBC for Operational Creditors: NCLAT Sets Precedent in Mahesh Hardware & Pipes Pvt. Ltd v. Jains & Alliance Palm Ventures Pvt Ltd

Date: Aug 10, 2021
Affirming Legitimate Use of IBC for Operational Creditors: NCLAT Sets Precedent in Mahesh Hardware & Pipes Pvt. Ltd v. Jains & Alliance Palm Ventures Pvt Ltd Introduction The case of Mahesh Hardware...
IBC Precedent: Mandate of Written Financial Contract for Validating Financial Debt – Pawan Kumar v. Utsav Securities Pvt Ltd & Anr

IBC Precedent: Mandate of Written Financial Contract for Validating Financial Debt – Pawan Kumar v. Utsav Securities Pvt Ltd & Anr

Date: Aug 4, 2021
IBC Precedent: Mandate of Written Financial Contract for Validating Financial Debt – Pawan Kumar v. Utsav Securities Pvt Ltd & Anr Introduction The case of Pawan Kumar v. Utsav Securities Pvt Ltd &...
Strict Adherence to Claim Deadlines Affirmed in Mukul Kumar v. RPS Infrastructure Ltd

Strict Adherence to Claim Deadlines Affirmed in Mukul Kumar v. RPS Infrastructure Ltd

Date: Jul 31, 2021
Strict Adherence to Claim Deadlines Affirmed in Mukul Kumar v. RPS Infrastructure Ltd Introduction The case of Mukul Kumar Resolution Professional of KST Infrastructure Ltd v. RPS Infrastructure Ltd...
J.M. Financial Asset Reconstruction Co. Ltd. v. Anil Kumar Tandon & Ors.: Redefining Financial Creditors under IBC

J.M. Financial Asset Reconstruction Co. Ltd. v. Anil Kumar Tandon & Ors.: Redefining Financial Creditors under IBC

Date: Jul 24, 2021
J.M. Financial Asset Reconstruction Co. Ltd. v. Anil Kumar Tandon & Ors.: Redefining Financial Creditors under IBC Introduction The case of J.M. Financial Asset Reconstruction Company Ltd. v. Anil...
Pingle v. Zawar & Ors: Clarifying Eligibility Under Section 29A of the IBC

Pingle v. Zawar & Ors: Clarifying Eligibility Under Section 29A of the IBC

Date: Jul 10, 2021
Pingle v. Zawar & Ors: Clarifying Eligibility Under Section 29A of the IBC Introduction The case of Shri Digambar Anandrao Pingle v. Shrikant Madanlal Zawar & Ors (2021) serves as a pivotal reference...
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