National Company Law Tribunal Case Commentaries

National Company Law Tribunal Establishes Limits on Resolution Professionals’ Rights over Leased Assets

Date: May 10, 2022

National Company Law Tribunal Establishes Limits on Resolution Professionals’ Rights over Leased Assets Introduction In the case of Ram Ratan Modi v. Sammelan Tea and Beverages Private Limited,...

Redefining 'Financial Creditor' under IBC: Insights from Raghavendra G. Kundangar & Others v. Shashi Agarwal

Date: May 7, 2022

Redefining 'Financial Creditor' under IBC: Insights from Raghavendra G. Kundangar & Others v. Shashi Agarwal Introduction The case of Raghavendra G. Kundangar & 124 Others v. Shashi Agarwal...

NCLT Establishes Precedent on Director Removal and Fraudulent Resignations under the Companies Act, 2013

Date: Apr 23, 2022

NCLT Establishes Precedent on Director Removal and Fraudulent Resignations under the Companies Act, 2013 Introduction The judgment in the case of Sachchidanand Singh & Ors. v. ABM Developers Pvt Ltd...

NCLT Mumbai Bench Sanctions Reliance's Scheme of Arrangement: Key Implications and Legal Insights

Date: Mar 31, 2022

NCLT Mumbai Bench Sanctions Reliance's Scheme of Arrangement: Key Implications and Legal Insights Introduction In the judgment delivered on March 30, 2022, the National Company Law Tribunal (NCLT),...

Establishing Corporate Insolvency Resolution: Insights from Union Bank Of India v. Supertech Ltd.

Date: Mar 26, 2022

Establishing Corporate Insolvency Resolution: Insights from Union Bank Of India v. Supertech Ltd. Introduction The case of Union Bank Of India v. Supertech Ltd., adjudicated by the National Company...

Initiation of Corporate Insolvency Resolution Process under Section 7 of IBC: Indian Bank v. Guwahati Construction

Date: Mar 25, 2022

Initiation of Corporate Insolvency Resolution Process under Section 7 of IBC: Indian Bank v. Guwahati Construction Introduction The case of Indian Bank v. Guwahati Construction Private Limited...

Defining Financial Creditors under IBC: V R Ashok Rao v. TDT Copper Limited

Date: Mar 12, 2022

Defining Financial Creditors under IBC: V R Ashok Rao v. TDT Copper Limited Introduction The case of V R Ashok Rao v. TDT Copper Limited was adjudicated by the National Company Law Tribunal (NCLT),...

Insolvency Proceedings Against Personal Guarantors of NBFCs Below Asset Threshold Dismissed

Date: Feb 23, 2022

Insolvency Proceedings Against Personal Guarantors of NBFCs Below Asset Threshold Dismissed 1. Introduction The case of Shapoorji Pallonji Finance Private Limited v. Rekha Singh adjudicated by the...

NCLT Dismisses Application on Wrongful Trading under IBC Section 66: Key Insights

Date: Feb 12, 2022

NCLT Dismisses Application on Wrongful Trading under IBC Section 66: Key Insights Introduction In the landmark case of Ashish Rathi v. Rajiv Rai, adjudicated by the National Company Law Tribunal...

IBC 2016 Section 10 Application Admissible Despite Pending SARFAESI Proceedings: Jr Foods Ltd., In Re

Date: Feb 12, 2022

IBC 2016 Section 10 Application Admissible Despite Pending SARFAESI Proceedings: Jr Foods Ltd., In Re Introduction The case of Jr Foods Ltd., In Re adjudicated by the National Company Law Tribunal...

Tribunal Clarifies 'Financial Creditor' Status in Context of Decree Holders under IBC

Date: Feb 12, 2022

Tribunal Clarifies 'Financial Creditor' Status in Context of Decree Holders under IBC Introduction The case of Sunitha Venkatesh Financial Creditor v. Oragadam City Developers Private Limited...

Impact of Satra Properties (India) Ltd. v. Vistra Itcl India Ltd. on Stamp Duty in Insolvency Proceedings

Date: Feb 11, 2022

Impact of Satra Properties (India) Ltd. v. Vistra Itcl India Ltd. on Stamp Duty in Insolvency Proceedings Introduction The case of Satra Properties (India) Ltd. v. Vistra Itcl India Ltd. adjudicated...

Stamp Duty Deficiency Not a Bar in Section 7 Applications if Debt and Default are Proven Independently: Insights from Satra Properties v. Vistra Itcl

Date: Feb 11, 2022

Stamp Duty Deficiency Not a Bar in Section 7 Applications if Debt and Default are Proven Independently: Insights from Satra Properties (India) Ltd. v. Vistra Itcl India Ltd. Introduction The case of...

Establishing Clear Admission of Debt in CIRP: Outdoor Advertising Professionals vs. Graphene Media

Date: Jan 26, 2022

Establishing Clear Admission of Debt in CIRP: Outdoor Advertising Professionals vs. Graphene Media Introduction The case of Outdoor Advertising Professionals (India) Private Limited (OAPL) versus...

Ensuring Proper Identification of Corporate Debtors under IBC: Masters Development Management v. Team Taurus Realty

Date: Jan 8, 2022

Ensuring Proper Identification of Corporate Debtors under IBC: Masters Development Management (India) Pvt. Ltd. v. Team Taurus Realty and Infrastructure Pvt. Ltd. Introduction The case of Masters...

NCLT Upholds Sale of Corporate Debtor as Going Concern under IBC: A Landmark Judgment

Date: Sep 9, 2021

NCLT Upholds Sale of Corporate Debtor as Going Concern under IBC: A Landmark Judgment Introduction The National Company Law Tribunal (NCLT), Ahmedabad Bench, delivered a pivotal judgment on September...

Rejection of Corporate Insolvency Resolution Process Under Section 7 of IBC: Damayanti Tea Industries vs. M/S Bochapathar Tea Estate Pvt. Ltd.

Date: Aug 24, 2021

Rejection of Corporate Insolvency Resolution Process Under Section 7 of IBC: Damayanti Tea Industries vs. M/S Bochapathar Tea Estate Pvt. Ltd. Introduction The case of Damayanti Tea Industries A unit...

Binding Effect of Approved Resolution Plans under IBC 2016: Analysis of Assam Company India Ltd v. Commissioner of Taxes & Others

Date: Jul 31, 2021

Binding Effect of Approved Resolution Plans under IBC 2016: Analysis of Assam Company India Ltd v. Commissioner of Taxes & Others Introduction The case of Assam Company India Ltd v. Commissioner of...

Establishing Operational Debt in Corporate Insolvency: Schneider Electric India Pvt Ltd v. Apex Electro Devices Pvt Ltd

Date: Jun 9, 2021

Establishing Operational Debt in Corporate Insolvency: Schneider Electric India Pvt Ltd v. Apex Electro Devices Pvt Ltd Introduction The case of Schneider Electric India Pvt Ltd v. Apex Electro...

Restoration and Withdrawal of CIRP under IBC 2016: Insights from K.N. Rajkumar v. V Nagarajan

Date: Jun 5, 2021

Restoration and Withdrawal of CIRP under IBC 2016: Insights from K.N. Rajkumar v. V Nagarajan Introduction The case of K.N. Rajkumar, Suspended Director of M/s Aruna Hotels Limited v. V Nagarajan...