National Company Law Tribunal Case Commentaries

Pre-Existing Disputes and the Initiation of CIRP under Section 9 of the IBC: Valuefirst Digital Media Pvt. Ltd. v. Valuemobi Media Pvt. Ltd.

Date: Feb 14, 2024

Pre-Existing Disputes and the Initiation of CIRP under Section 9 of the IBC: Valuefirst Digital Media Pvt. Ltd. v. Valuemobi Media Pvt. Ltd. Introduction The legal landscape surrounding insolvency...

Precedent on Limitation and Pre-existing Disputes in Corporate Insolvency

Date: Aug 11, 2023

Clarification on Limitation and Pre-existing Disputes in Corporate Insolvency Resolution: TIMEX BOND INDUSTRIES Pvt. Ltd. v. DEIST INDUSTRIES Pvt. Ltd. Introduction The case of Timex Bond Industries...

Yester Investment Pvt Ltd v. Manish Motilal Jaju: Affirming Class-Wide Voting in IBC Resolution Plans

Date: Jul 20, 2023

Yester Investment Pvt Ltd v. Manish Motilal Jaju: Affirming Class-Wide Voting in IBC Resolution Plans Introduction The case of Yester Investment Private Limited v. Manish Motilal Jaju was adjudicated...

Defining Financial Debt under IBC 2016: Insights from Globe Capital Market Ltd. v. Narayan Securities Ltd. Judgment

Date: Jul 4, 2023

Defining Financial Debt under IBC 2016: Insights from Globe Capital Market Ltd. v. Narayan Securities Ltd. Judgment Introduction The legal landscape of corporate insolvency in India has been...

Financial Creditor Status in Insolvency Proceedings: Insights from Kohinoor Apparels Pvt Ltd v. ATS Infrastructure Ltd.

Date: Jun 10, 2023

Financial Creditor Status in Insolvency Proceedings: Insights from Kohinoor Apparels Pvt Ltd v. ATS Infrastructure Ltd. Introduction The recent judgment in the case of Kohinoor Apparels Private...

Non-recognition of Speculative Investors as Financial Creditors under IBC: Ranjit Rai Kohli & Ors v. ATS Infrastructure Limited

Date: Jun 10, 2023

Non-recognition of Speculative Investors as Financial Creditors under IBC: Ranjit Rai Kohli & Ors v. ATS Infrastructure Limited Introduction The case of Ranjit Rai Kohli & Others vs. ATS...

NORTH WEST CARRYING COMPANY LLP v. METRO CASH AND CARRY INDIA Pvt. Ltd: Implications on Threshold Limits and Claim Consolidation under IBC

Date: May 26, 2023

NORTH WEST CARRYING COMPANY LLP v. METRO CASH AND CARRY INDIA Pvt. Ltd: Implications on Threshold Limits and Claim Consolidation under IBC Introduction The legal dispute between North West Carrying...

NCLT Reaffirms Primacy of Insolvency and Bankruptcy Code Over Concurrent Attachments – Jain v. Axis Bank

Date: May 19, 2023

NCLT Reaffirms Primacy of Insolvency and Bankruptcy Code Over Concurrent Attachments – Jain v. Axis Bank Introduction The case of Gajesh Labchand Jain Applicant v. Axis Bank Limited And Others (s)...

Legal Precedent on Assignment of Financial Assets during CIRP Established in Bijay Murmuria v. Karnataka Bank Limited

Date: Apr 25, 2023

Legal Precedent on Assignment of Financial Assets during CIRP Established in Bijay Murmuria v. Karnataka Bank Limited Introduction The case of Bijay Murmuria v. Karnataka Bank Limited was adjudicated...

Establishing Secured Status for Government Claims in IBC Resolution Plans: Thirumala Logistics Pvt. Ltd. v. Sathavahana Ispat Ltd.

Date: Apr 1, 2023

Establishing Secured Status for Government Claims in IBC Resolution Plans: Thirumala Logistics Pvt. Ltd. v. Sathavahana Ispat Ltd. Introduction The case of Thirumala Logistics Pvt. Ltd. Operational...

Eligibility Criteria for MSME in Insolvency Resolution: Insights from Techno Mercantile Pvt. Ltd. v. Mamta Binani

Date: Mar 22, 2023

Eligibility Criteria for MSME in Insolvency Resolution: Insights from Techno Mercantile Pvt. Ltd. v. Mamta Binani Introduction The case of Techno Mercantile Private Limited v. Mamta Binani...

Jammu & Kashmir Bank Ltd. v. Ace Engineering Pvt. Ltd.: Affirming Principal Debtor Liability Amid Guarantor Settlements under IBC

Date: Mar 7, 2023

Jammu & Kashmir Bank Ltd. v. Ace Engineering Pvt. Ltd.: Affirming Principal Debtor Liability Amid Guarantor Settlements under IBC Introduction The case of Jammu & Kashmir Bank Ltd. v. Ace Engineering...

Admittance of Section 7 Insolvency Petition: PN Bank v. Sohrab Spinning Mills Ltd.

Date: Feb 23, 2023

Admittance of Section 7 Insolvency Petition: PN Bank v. Sohrab Spinning Mills Ltd. Introduction The judgment in Punjab National Bank Through Its Attorney, Senior Manager Hassan Ali...

Pre-existing Disputes and CIRP Initiation: Analyzing Anup Jhunjhunwala v. Adea Powerquips Pvt. Ltd.

Date: Jan 6, 2023

Pre-existing Disputes and CIRP Initiation: Analyzing Anup Jhunjhunwala v. Adea Powerquips Pvt. Ltd. Introduction The case of Anup Jhunjhunwala Operational Creditor v. Adea Powerquips Private Limited...

National Company Law Tribunal Upholds Resolution Professional's Fees Amid COVID-19 Lockdown: A Landmark Ruling

Date: Dec 10, 2022

National Company Law Tribunal Upholds Resolution Professional's Fees Amid COVID-19 Lockdown: A Landmark Ruling Introduction The case of Mukesh Verma For Sab Global Entertainment Media Private Limited...

NCLT Kochi Bench Confirms EPFO Dues Exempt from Liquidation Estate under IBC 2016

Date: Dec 3, 2022

NCLT Kochi Bench Confirms EPFO Dues Exempt from Liquidation Estate under IBC 2016 Introduction The case of Regional Provident Fund Commissioner II Legal v. Jasin Jose was adjudicated by the National...

India Power Corporation [Bodhgaya] Limited Resolution: A Landmark Decision on Claims Extinguishment and Management Change under IBC

Date: Jul 19, 2022

India Power Corporation [Bodhgaya] Limited Resolution: A Landmark Decision on Claims Extinguishment and Management Change under IBC Introduction The case of Dynamic Cables Limited v. India Power...

Default on Settlement Agreements Does Not Constitute Operational Debt: NCLT Establishes Key Precedent

Date: Jun 4, 2022

Default on Settlement Agreements Does Not Constitute Operational Debt: NCLT Establishes Key Precedent Introduction The case of M/s Ahluwalia Contracts India Limited v. Logix Infratech Private Limited...

NCLT Declares Resolution Applicants Ineligible under Section 29A(f) IBC for SEBI-Debarred Individuals

Date: May 25, 2022

NCLT Declares Resolution Applicants Ineligible under Section 29A(f) IBC for SEBI-Debarred Individuals Introduction The National Company Law Tribunal (NCLT) Chandigarh Bench delivered a landmark...

Regulation of Inter-Corporate Loans Under Companies Act: Insights from Jambudwip Exports v. U P Bone Mills

Date: May 24, 2022

Regulation of Inter-Corporate Loans Under Companies Act: Insights from Jambudwip Exports v. U P Bone Mills Introduction The case of Jambudwip Exports and Imports Limited v. U P Bone Mills Private...