8 months, 3 weeks ago

Half Yearly Digest Of IBC Cases : January To June,2024

Supreme Court IBC | Moratorium Under S 14 No Bar To Execute Decree Against Directors/Officers Of Corporate Debtor: Supreme Court Case Title: Ansal Crown Heights Flat Buyers Association vs. M/S. : Company Appeal No.231 of 2023 The National Company Law Appellate Tribunal, New Delhi, comprising Justice Ashok Bhushan and Mr. Barun Mitra, has held that the Corporate Debtor cannot be absolved from its liability to discharge its Operational debt by the Insurance Company's payment to the Operational Creditor of its claim and the same cannot be a ground to reject the Corporate Insolvency Resolution Process application under Section 9 of IBC. 1489 of 2023 The National Company Law Appellate Tribunal New Delhi Bench, comprising Justice Ashok Bhushan and Mr. Barun Mitra, has held that an Ex-Promoter/Director who resigned from Corporate Debtor before initiation of Corporate Insolvency Resolution Process under Section 10 of IBC is eligible to submit a Resolution Plan under Section 29A of IBC. 1187 of 2023 The National Company Law Appellate Tribunal Delhi, comprising Justice Ashok Bhushan, Mr. Barun Mitra, and Mr. Arun Baroka held that if no Goods and Services Tax refund/ Input Tax Credit claim has been included in the Demand Notice under Section 8 of Insolvency and Bankruptcy Code, 2016 or in Form 5 by the Operational Creditor, the same cannot become a ground of default on which Corporate Insolvency Resolution Process under IBC can be initiated. : Company Appeal No.1366 of 2023 The National Company Law Appellate Tribunal New Delhi, comprising Justice Ashok Bhushan and Mr. Barun Mitra held that Corporate Insolvency Resolution Process can be initiated under Section 7 of IBC against an Auction Purchaser in proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

Live Law
India Real Estate Justice Delhi Mumbai Supreme Court High Court Court Insolvency Resolution Homebuyers National Chief Justice Corporate Debtor Operational Creditor Indian Title Kerala High Court Companies Act Order Technical Resolution Professional Company Judicial Resolution Plan New Delhi Nclt Sec Ors Rbi Mou Scheme Bench Parliament Rera Chairperson Nclat Code Ian Ledger Member Ipa Madras High Court Insolvency Proceedings Ssa Irp Income Tax Department Tangedco Liquidator Sra Crpc Jal Coc Section 7 Of Ibc Deputy Commissioner Sessions Case Title Civil Appeal No Calcutta High Court Section 9 Section 7 Cirp Operational Creditors Financial Creditors Sarfaesi Act Principal Bench Section 14 Section 5 No Right State Bank Sanjiv Khanna Section 340 Technical Member Justice Ashok Bhushan Company Appeal Barun Mitra Resolution Applicant Ibbi Private Limited New Delhi Bench Case Number Relevant Date State Bank Of India Judicial Member Section 12A Chennai Bench Settlement Proposal Form B Liquidation Regulations Cirp Regulations Financial Creditor Section 230 Nclt Order Each Homebuyer Post Approval Demand Notice Nclat Delhi Jaypee Infratech Suraksha Realty Retail Limited Shri Arun Baroka Bankruptcy Board Jil Indevar Pandey Jaypee Kumar Jain Justice Manoj Misra Second Proviso Justice Yogesh Khanna Ibc Proceedings Shreesha Merla Some Connection Nclat New Delhi Committee Of Creditors Insolvency Process Rival Contentions Justices Sanjiv Khanna Cersai Financial Debt Shri Barun Mitra Corporate Insolvency Resolution Process Higher Amount Dipankar Datta Sharad Kumar Sharma Delhi Bench Partha Sarathy Sarkar Bankruptcy Code Superintending Engineer Interim Resolution Professional Jatindranath Swain Nclat Chennai Clean State Theory Development Agreement Partial Payments Its Claim Technical Members Input Tax Naresh Salecha Suspended Director

Discover Related