Weekly Digest Of IBC Cases: 03rd June 2024 To 09th June 2024
Live LawHIGH COURTS Official Liquidator Must Adhere To Ethical Principles And Fairness To Discharge Their Duties Under IBC: Delhi High Court Case Title: Sundaresh Bhat vs Insolvency And Bankruptcy Board of India Case No. 105, 106, 990 of 2024 The National Company Law Appellate Tribunal Delhi, comprising Mr. Justice Rakesh Kumar Jain, Mr. Naresh Salecha, and Mr. Indevar Pandey held that the claims of Tax Assessment Orders passed during the moratorium under Sections 14 & 33 of Insolvency and Bankruptcy Code, 2016 can be considered as Unsecured Operational Debt. 137 of 2021 The National Company Law Appellate Tribunal Delhi comprising Justice Rakesh Kumar Jain and Mr. Ajai Das Mehrotra held that proceedings under Section 66 of Insolvency and Bankruptcy Code, 2016 for fraudulent or wrongful trading can be initiated against third parties. 769 of 2024 The National Company Law Appellate Tribunal, Principal Bench, New Delhi comprising Shri Justice Ashok Bhushan and Shri Barun Mitra and Shri Arun Baroka held that Refundable Security Deposit carrying interest in development agreement constitutes under Section 5 of IBC since the development agreement has the effect of a commercial transaction. 1272 of 2019 The National Company Law Appellate Tribunal, Principal Bench, New Delhi, comprising Justice Rakesh Kumar Jain, Shri Naresh Salecha and Shri Indevar Pandey, held that there is no provision of IBC, which mandates that the related party should be paid in parity with unrelated party.