National Company Law Tribunal Case Commentaries

Enforcement of Limitation Periods and Acknowledgment of Debt in IBC Proceedings: A Commentary on Edelweiss vs Chemstar Organics

Date: Jun 4, 2021

Enforcement of Limitation Periods and Acknowledgment of Debt in IBC Proceedings: A Commentary on Edelweiss vs Chemstar Organics Introduction The case of Edelweiss Asset Reconstruction Company Limited...

Establishing the Process for Insolvency Resolution Against Personal Guarantors: Insights from Tata Capital Financial Services Ltd v. G Ramakrishna Reddy

Date: Jun 2, 2021

Establishing the Process for Insolvency Resolution Against Personal Guarantors: Insights from Tata Capital Financial Services Ltd v. G Ramakrishna Reddy Introduction The case of Tata Capital...

Adaptations in Insolvency Proceedings during COVID-19: Insights from K Satheesh Babu Rajesh v. George Varkey

Date: Jun 1, 2021

Adaptations in Insolvency Proceedings during COVID-19: Insights from K Satheesh Babu Rajesh v. George Varkey Introduction The case K Satheesh Babu Rajesh v. George Varkey adjudicated by the National...

Prioritizing Substantial Justice in CIRP: Insights from Kamla Industrial Park Limited v. Monitoring Committee Of Corporate Debtor

Date: May 20, 2021

Prioritizing Substantial Justice in CIRP: Insights from Kamla Industrial Park Limited v. Monitoring Committee Of Corporate Debtor Introduction The case of Kamla Industrial Park Limited v. Monitoring...

Establishing Precedent on Retention Money under IBC: Insights from A2 Interiors Pvt Ltd vs. Ahluwalia Contracts India Ltd.

Date: May 6, 2021

Establishing Precedent on Retention Money under IBC: Insights from A2 Interiors Pvt Ltd vs. Ahluwalia Contracts India Ltd. Introduction The case of M/s A2 Interiors Products Pvt Ltd vs. M/s Ahluwalia...

NCLT Establishes Priority of EPF Claims over Liquidation Processes under IBC 2016

Date: Apr 9, 2021

NCLT Establishes Priority of EPF Claims over Liquidation Processes under IBC 2016 Introduction The case titled Nagalingam Muthiah (SAS Autocom Engineers India Pvt Ltd) v. Office Of The Recovery...

Unfreezing Director's Personal Accounts During CIRP under IBC: Insights from Sandeep Khaitan v. Piyush Periwal

Date: Mar 25, 2021

Unfreezing Director's Personal Accounts During CIRP under IBC: Insights from Sandeep Khaitan v. Piyush Periwal Introduction The case of Sandeep Khaitan, RP v. Piyush Periwal and Another was...

Strict Adherence to CIRP Timelines Affirmed in Harish Polymer Product v. George Samuel RP For Jason Dekor Pvt Ltd

Date: Mar 25, 2021

Strict Adherence to CIRP Timelines Affirmed in Harish Polymer Product v. George Samuel RP For Jason Dekor Pvt Ltd Introduction The case of Harish Polymer Product v. George Samuel RP For Jason Dekor...

State Bank of India v. Shri Lal Mahal Ltd: Establishing Precedents in CIRP Initiation

Date: Feb 26, 2021

State Bank of India v. Shri Lal Mahal Ltd: Establishing Precedents in CIRP Initiation Introduction The case of State Bank of India v. Shri Lal Mahal Ltd, adjudicated by the National Company Law...

Expanding the Reach of Section 66 IBC: NCLT's Landmark Judgment on Fraudulent Trading and Corporate Negligence

Date: Jan 30, 2021

Expanding the Reach of Section 66 IBC: NCLT's Landmark Judgment on Fraudulent Trading and Corporate Negligence Introduction The case of Mr. Nandkishor Vishnupant Deshpande v. Worldwide Online...

Clarifying Financial Debt under IBC: Insights from Ashok Sachdev v. Call Express Construction

Date: Jan 19, 2021

Clarifying Financial Debt under IBC: Insights from Ashok Sachdev v. Call Express Construction Introduction The case of Ashok Sachdev v. Call Express Construction (India) Pvt Ltd was adjudicated by...

Tata Motors Limited v. NCLT: Reinforcing Slump Sale Mechanism for Business Restructuring under Companies Act, 2013

Date: Jan 5, 2021

Tata Motors Limited v. NCLT: Reinforcing Slump Sale Mechanism for Business Restructuring under Companies Act, 2013 Introduction In the landmark judgment dated January 4, 2021, the National Company...

Tribunal Endorses Dissolution of Offshore Entities in IL&FS Resolution Framework

Date: Jan 5, 2021

Tribunal Endorses Dissolution of Offshore Entities in IL&FS Resolution Framework Introduction The case of Infrastructure Leasing & Financial Services Limited (IL&FS) v. Union Of India before the...

NCLT Denies Liquidator's Application to Quash Enforcement Directorate's Eviction Notice Under PMLA

Date: Jan 1, 2021

NCLT Denies Liquidator's Application to Quash Enforcement Directorate's Eviction Notice Under PMLA Introduction The case of Parag Sheth Liquidator of Sai Infosystem (India) Ltd v. Enforcement...

Initiation of Corporate Insolvency Resolution Process under Section 7: Drip Capital Inc v. Vibrant Fab Pvt Ltd

Date: Jan 1, 2021

Initiation of Corporate Insolvency Resolution Process under Section 7: Drip Capital Inc v. Vibrant Fab Pvt Ltd Introduction The case of Drip Capital Inc. v. Vibrant Fab Pvt Ltd adjudicated by the...

Establishing the Framework for Corporate Insolvency: Insights from State Bank of India v. Steelco Gujarat Ltd

Date: Jan 1, 2021

Establishing the Framework for Corporate Insolvency: Insights from State Bank of India v. Steelco Gujarat Ltd Introduction The case of State Bank of India v. Steelco Gujarat Ltd adjudicated by the...

Clarifying CIRP Authority and Limitation: NCLT Ahmedabad's Ruling in Bank of India v. Raghukul Cottex & Processing Pvt Ltd

Date: Dec 19, 2020

Clarifying CIRP Authority and Limitation: NCLT Ahmedabad's Ruling in Bank of India v. Raghukul Cottex & Processing Pvt Ltd Introduction The case of Bank of India v. Raghukul Cottex & Processing Pvt...

Restoration of Companies Struck Off Amidst Pending Disputes: NCLT's Interpretation under Section 252(1) of the Companies Act, 2013

Date: Sep 25, 2020

Restoration of Companies Struck Off Amidst Pending Disputes: NCLT's Interpretation under Section 252(1) of the Companies Act, 2013 Introduction The case of Registrar of Companies v. Sushila Pandey &...

NCLT Indore Bench Establishes Procedural Precedents in Admitting Suvidha Farming & Allied Ltd into CIRP under Section 7 of IBC 2016

Date: Sep 22, 2020

NCLT Indore Bench Establishes Procedural Precedents in Admitting Suvidha Farming & Allied Ltd into CIRP under Section 7 of IBC 2016 Introduction The case of Rajesh Kumar Sahu & Ors v. Suvidha Farming...

Validation of Transfer of Optionally Convertible Debentures for Initiating CIRP: Nailesh Dresswala v. MTC E-COM Pvt Ltd

Date: Aug 18, 2020

Validation of Transfer of Optionally Convertible Debentures for Initiating CIRP Introduction The case Nailesh Dresswala v. MTC E-COM Pvt Ltd adjudicated by the National Company Law Tribunal (NCLT)...