National Company Law Appellate Tribunal Case Commentaries

Collusive Transactions and the Definition of Financial Debt under IBC: Insights from Rushabh Civil Contractors Pvt. Ltd. v. Centrio Lifespaces Ltd.

Date: Jan 12, 2022

Collusive Transactions and the Definition of Financial Debt under IBC: Insights from Rushabh Civil Contractors Pvt. Ltd. v. Centrio Lifespaces Ltd. Introduction The case of Rushabh Civil Contractors...

NCLAT Upholds Dismissal of Section 9 Application Due to Pre-Existing Disputes

Date: Jan 12, 2022

NCLAT Upholds Dismissal of Section 9 Application Due to Pre-Existing Disputes Introduction The case of M/s Pitti Coal Company v. M/s Mahalaxmi Continental Ltd. primarily revolves around an appeal...

Binding Nature of Bids in Insolvency E-Auctions: Insights from Visisth Services Ltd. v. S.V. Ramani and Others

Date: Jan 12, 2022

Binding Nature of Bids in Insolvency E-Auctions: Insights from Visisth Services Ltd. v. S.V. Ramani and Others Introduction The case of M/s. Visisth Services Limited v. S.V. Ramani and Others...

NCLAT Reaffirms Secured Creditor Status Without Registered Charges: Sicom Ltd v. Sundaresh Bhat et al.

Date: Jan 7, 2022

NCLAT Reaffirms Secured Creditor Status Without Registered Charges: Sicom Ltd v. Sundaresh Bhat et al. Introduction The case of Sicom Limited, Solitaire Corporate Park v. Sundaresh Bhat, Liquidator...

Extension of CIRP in Real Estate Insolvency: Majestic Towers v. HDIL Tribunal Judgment Analysis

Date: Jan 5, 2022

Extension of CIRP in Real Estate Insolvency: Majestic Towers v. HDIL Tribunal Judgment Analysis Introduction The case of Majestic Towers Flat Owners Association & Anr. v. Housing Development and...

Equality of Financial Creditors in Insolvency Resolution: Canara Bank vs. Mamta Binani

Date: Jan 4, 2022

Equality of Financial Creditors in Insolvency Resolution: Canara Bank vs. Mamta Binani Introduction The case of Canara Bank Circle Office v. Mamta Binani, (Resolution Professional), Aristo Texcon And...

Regulatory Dues Excluded from Operational Debt: Insights from BSE Ltd. v. Asahi Infrastructure & Projects Ltd.

Date: Dec 22, 2021

Regulatory Dues Excluded from Operational Debt: Insights from BSE Ltd. v. Asahi Infrastructure & Projects Ltd. Introduction The case of BSE Ltd. v. Asahi Infrastructure & Projects Ltd. addresses the...

Axis Bank Limited v. Value Infracon India Pvt Ltd: Defining Secured Financial Creditors in Insolvency Proceedings

Date: Dec 21, 2021

Axis Bank Limited v. Value Infracon India Pvt Ltd: Defining Secured Financial Creditors in Insolvency Proceedings 1. Introduction The case of Axis Bank Limited v. Value Infracon India Private Limited...

IDBI Capital Markets & Securities Ltd. v. M/s JBF Petrochemicals Ltd.: Establishing Rigorous Compliance in Insolvency Proceedings

Date: Dec 21, 2021

IDBI Capital Markets & Securities Ltd. v. M/s JBF Petrochemicals Ltd.: Establishing Rigorous Compliance in Insolvency Proceedings 1. Introduction The case of IDBI Capital Markets & Securities Ltd. v....

Kushan Mitra v. Amit Goel: Redefining 'Financial Debt' Under the Insolvency and Bankruptcy Code

Date: Dec 17, 2021

Kushan Mitra v. Amit Goel: Redefining 'Financial Debt' Under the Insolvency and Bankruptcy Code Introduction The case of Kushan Mitra v. Amit Goel adjudicated by the National Company Law Appellate...

Edelweiss Asset Reconstruction Company Limited v. V Mahesh: Landmark Ruling on Corporate Guarantees in Insolvency Proceedings

Date: Dec 14, 2021

Edelweiss Asset Reconstruction Company Limited v. V Mahesh: Landmark Ruling on Corporate Guarantees in Insolvency Proceedings Introduction The case of Edelweiss Asset Reconstruction Company Limited...

NCLAT Upholds Sale of Company as Going Concern in Liquidation: Insights into Beneficial Liquidation under IBC

Date: Dec 9, 2021

NCLAT Upholds Sale of Company as Going Concern in Liquidation: Insights into Beneficial Liquidation under IBC Introduction In the landmark case of Bharatiya Kamgar Sena Workmen Union of BDIL v. Vijay...

Enhancing Beneficial Liquidation: NCLAT's Directive on Sale as a Going Concern in Insolvency Proceedings

Date: Dec 9, 2021

Enhancing Beneficial Liquidation: NCLAT's Directive on Sale as a Going Concern in Insolvency Proceedings Introduction The case of Prakash Chandra Kapoor v. Vijay Kumar Iyer (Liquidator) rendered by...

Strict Enforcement of Limitation Period under IBC: NCLAT Dismisses Time-Barred Appeals in Hasmukh N. Shah & Associates v. Victoria Entertainment Pvt. Ltd.

Date: Dec 2, 2021

Strict Enforcement of Limitation Period under IBC: NCLAT Dismisses Time-Barred Appeals in Hasmukh N. Shah & Associates v. Victoria Entertainment Pvt. Ltd. 1. Introduction The case of M/s Hasmukh N....

Establishing Privity of Contract: Engagement via Statutory Auditor Does Not Constitute Operational Creditor Status under IBC

Date: Dec 1, 2021

Establishing Privity of Contract: Engagement via Statutory Auditor Does Not Constitute Operational Creditor Status under IBC Introduction The judicial landscape of insolvency and bankruptcy underwent...

ICICI Bank's Section 7 Application in CIRP: NCLAT Upholds Initiation Despite Challenges

Date: Nov 30, 2021

ICICI Bank's Section 7 Application in CIRP: NCLAT Upholds Initiation Despite Challenges Introduction The case of Mr. Aseem Srivastav v. ICICI Bank Limited and Kotak Mahindra Bank Limited v. ICICI...

Affirmation of Adjudicating Authority's Decision on Post-Resolution Plan Tax Demands under CIRP

Date: Nov 26, 2021

Affirmation of Adjudicating Authority's Decision on Post-Resolution Plan Tax Demands under CIRP Introduction The case of Vaibhav Goel v. Deputy Commissioner Income Tax adjudicated by the National...

Central Board of Indirect Taxes and Customs v. Sundaresh Bhatt: NCLAT Reinforces the Supremacy of the Insolvency and Bankruptcy Code Over Customs Act in Asset Recovery

Date: Nov 23, 2021

Central Board of Indirect Taxes and Customs v. Sundaresh Bhatt: NCLAT Reinforces the Supremacy of the Insolvency and Bankruptcy Code Over Customs Act in Asset Recovery Introduction The case of...

Expansion of Contempt Jurisdiction under the Insolvency and Bankruptcy Code: Shailendra Singh v. Nisha Malpani & Anr.

Date: Nov 23, 2021

Expansion of Contempt Jurisdiction under the Insolvency and Bankruptcy Code Introduction The case of Shailendra Singh v. Nisha Malpani & Anr. adjudicated by the National Company Law Appellate...

NCLAT Reinforces Limits on Inherent Powers: Denial of Review and Recall in Insolvency Proceedings

Date: Oct 26, 2021

NCLAT Reinforces Limits on Inherent Powers: Denial of Review and Recall in Insolvency Proceedings Introduction The case of Agarwal Coal Corporation Private Limited v. Sun Paper Mill Limited & Anr....