National Company Law Appellate Tribunal Case Commentaries

NCLAT Establishes Clear Protocol for Withdrawal of Insolvency Proceedings under Rule 11

Date: Jul 8, 2021

NCLAT Establishes Clear Protocol for Withdrawal of Insolvency Proceedings under Rule 11 in Anuj Tejpal v. Rakesh Yadav & Anr. Introduction The case of Anuj Tejpal v. Rakesh Yadav & Anr. adjudicated...

Essential Principles for Impleading Necessary Parties in Company Litigation: Insights from P J Mathews v. C Mohanan Pillai

Date: Jul 8, 2021

Essential Principles for Impleading Necessary Parties in Company Litigation: Insights from P J Mathews v. C Mohanan Pillai Introduction The case of P J Mathews v. C Mohanan Pillai adjudicated by the...

Strict Compliance with Section 61 Procedure in Insolvency Appeals: Insights from D.R. Corporation v. Ravi Kapoor

Date: Jul 6, 2021

Strict Compliance with Section 61 Procedure in Insolvency Appeals: Insights from D.R. Corporation v. Ravi Kapoor 1. Introduction The case of D.R. Corporation (Proprietorship Firm) vs. Ravi Kapoor...

Operational Creditor Recognition in Insolvency: Concast Steel And Power Ltd v. MSTC Ltd

Date: Jul 6, 2021

Operational Creditor Recognition in Insolvency: Concast Steel And Power Ltd v. MSTC Ltd Introduction The case of Concast Steel and Power Limited (CSPL) (in liquidation) versus MSTC Limited before the...

NCLAT Reinforces Procedural Integrity in Insolvency Resolution: Dwarkadhish Sakhar Karkhana Ltd. v. Pankaj Joshi & Anr.

Date: Jun 29, 2021

NCLAT Reinforces Procedural Integrity in Insolvency Resolution: Dwarkadhish Sakhar Karkhana Ltd. v. Pankaj Joshi & Anr. Introduction The case of Dwarkadhish Sakhar Karkhana Limited v. Pankaj Joshi &...

Restoration of Company Status Amidst Filing Defaults: Insights from Patel v. Registrar of Companies

Date: Jun 22, 2021

Restoration of Company Status Amidst Filing Defaults: Insights from Patel v. Registrar of Companies Introduction The case of Vikas Sureshbhai Patel v. The Registrar of Companies adjudicated by the...

Classification of Creditor Claims in Insolvency Proceedings: Insights from Greater Noida Industrial Development Authority v. Pramod Agrawal

Date: Jun 22, 2021

Classification of Creditor Claims in Insolvency Proceedings: Insights from Greater Noida Industrial Development Authority v. Pramod Agrawal Introduction The case of Greater Noida Industrial...

Strict Adherence to CIRP Timelines Affirmed in Harish Polymer Product v. George Samuel

Date: Jun 19, 2021

Strict Adherence to CIRP Timelines Affirmed in Harish Polymer Product v. George Samuel Introduction The case of Harish Polymer Product v. George Samuel And Another adjudicated by the National Company...

Defining Financial Debt Under IBC: Earth Gracia Buildcon Pvt Ltd v. Earth Infrastructure Ltd.

Date: Jun 9, 2021

Defining Financial Debt Under IBC: Earth Gracia Buildcon Pvt Ltd v. Earth Infrastructure Ltd. Introduction The case of Earth Gracia Buildcon Pvt Ltd Through its RP Manisha Rawat v. Earth...

Exclusion of Related Party Financial Creditors from the Committee of Creditors under IBC: Jayanta Banerjee v. Sashi Agarwal

Date: Jun 5, 2021

Exclusion of Related Party Financial Creditors from the Committee of Creditors under IBC: Jayanta Banerjee v. Sashi Agarwal Introduction The case of Jayanta Banerjee v. Sashi Agarwal adjudicated by...

Establishing the Boundary of Pre-Existing Disputes in Insolvency Proceedings: Rajaratan Babulal Agarwal v. Solartex India Pvt Ltd & Ors

Date: May 28, 2021

Establishing the Boundary of Pre-Existing Disputes in Insolvency Proceedings: Rajaratan Babulal Agarwal v. Solartex India Pvt Ltd & Ors Introduction The case of Rajaratan Babulal Agarwal v. Solartex...

NCLAT Upholds Section 7 IBC Application in Manasi Indrajit Wadkar v. Union Bank Of India: A Landmark on Limitation and Debt Recovery

Date: May 28, 2021

NCLAT Upholds Section 7 IBC Application in Manasi Indrajit Wadkar v. Union Bank Of India And Another: A Landmark on Limitation and Debt Recovery Introduction The case of Manasi Indrajit Wadkar v....

Strategic Implications of Union Bank of India v. Kapil Wadhawan: Navigating Settlement Proposals under the IBC

Date: May 26, 2021

Strategic Implications of Union Bank of India v. Kapil Wadhawan: Navigating Settlement Proposals under the IBC Introduction The case of Union Bank Of India v. Kapil Wadhawan And Others adjudicated by...

AA's Jurisdiction in Modifying Resolution Plans: Insights from Deccan Value Investors LLP vs. Dinkar T. Venkatasubramanian

Date: Apr 17, 2021

AA's Jurisdiction in Modifying Resolution Plans: Insights from Deccan Value Investors LLP vs. Dinkar T. Venkatasubramanian Introduction The case of Deccan Value Investors L.P. Through Its Authorised...

NCLAT Affirms Committee of Creditors' Discretion in Resolution Plan Approval: Next Orbit Ventures v. Print House

Date: Apr 14, 2021

NCLAT Affirms Committee of Creditors' Discretion in Resolution Plan Approval: Next Orbit Ventures v. Print House Introduction The case of Next Orbit Ventures Fund v. Print House (India) Pvt. Ltd. was...

Interplay Between IBC and Companies Act: NCLAT Reinforces Ineligibility Under Section 29A Applies to Section 230 Schemes

Date: Apr 14, 2021

Interplay Between IBC and Companies Act: NCLAT Reinforces Ineligibility Under Section 29A Applies to Section 230 Schemes Introduction The case of Ashish Mohan Gupta v. The Liquidator of M/S Hind...

IBC Supersedes PMLA in Corporate Insolvency Proceedings: NCLAT Establishes Precedence

Date: Apr 10, 2021

IBC Supersedes PMLA in Corporate Insolvency Proceedings: NCLAT Establishes Precedence Introduction The case of Directorate Of Enforcement v. Manoj Kumar Agarwal adjudicated by the National Company...

NCLAT Reinforces Swiss Ribbons Principles in IBC Proceedings

Date: Apr 10, 2021

NCLAT Reinforces Swiss Ribbons Principles in IBC Proceedings Introduction The case of Sree Bhadra Parks And Resorts Ltd. v. Ramani Resorts And Hotels Pvt. Ltd. adjudicated by the National Company Law...

Dispensation of Shareholder and Creditor Meetings in Corporate Amalgamations: Ambuja Cements Limited Judgment Commentary

Date: Apr 7, 2021

Dispensation of Shareholder and Creditor Meetings in Corporate Amalgamations: Ambuja Cements Limited Judgment Commentary 1. Introduction The judgment in the case of Ambuja Cements Limited versus the...

Equal Ranking of Secured Creditors in Liquidation: Technology Development Board v. Anil Goel Liquidator of Gujarat Oleo Chem Ltd & Ors

Date: Apr 6, 2021

Equal Ranking of Secured Creditors in Liquidation: Technology Development Board v. Anil Goel Liquidator of Gujarat Oleo Chem Ltd & Ors Introduction The case of Technology Development Board v. Anil...