Articles for Recovery Certificate

The Complete Supreme Court Annual Digest- 2023 [Part-XII]
7 months, 3 weeks ago

The Complete Supreme Court Annual Digest- 2023 [Part-XII]

Live Law  

Information RTI Act will become 'dead letter': Supreme Court directs States, Union to fill vacancies in Information Commissions. Maneesh Pharmaceuticals Ltd. v. Export Import Bank of India, 2023 LiveLaw 1073 Insolvency and Bankruptcy Code, 2016; Section 7 - Limitation Act, 1963; Section 5 and 18 - Delay of 1392 days - Additional affidavit stating that the delay was only of …

India Karnataka Kerala Delhi Supreme Court High Court High Courts
Supreme Court Annual Digest 2023 - Insolvency And Bankruptcy Code
10 months, 2 weeks ago

Supreme Court Annual Digest 2023 - Insolvency And Bankruptcy Code

Live Law  

A company could not avail benefit of the Sabka Vishwas scheme as it was under moratorium under IBC - The Courts are meant to do justice and cannot compel a person to do something which was impossible for him to do - Directed that the payment of amount already deposited by the company be appropriated towards settlement dues under “Sabka …

Supreme Court Corporate Court Insolvency Resolution Corporate Debtor Resolution Professional
Yearly Digest Of IBC Cases: 2023
11 months, 3 weeks ago

Yearly Digest Of IBC Cases: 2023

Live Law  

Supreme Court “Inappropriate, Almost Bordering On Contempt”: SC Deprecates NCLAT Order Impeding Implementation Of SC Order Case Title: Indiabulls Housing Finance Ltd. v Iirf India Realty Xii Ltd. & Ors. 1125 of 2022 The National Company Law Appellate Tribunal, Principal Bench, comprising of Justice Ashok Bhushan and Shri Barun Mitra, has directed the liquidation of the Corporate Debtor, M/s Ajanta …

India Justice Supreme Court Court Resolution Gratuity Chief Justice
Supreme Court Judgements On Insolvency & Bankruptcy Code In 2023
11 months, 3 weeks ago

Supreme Court Judgements On Insolvency & Bankruptcy Code In 2023

Live Law  

Sabka Vishwas Scheme: Supreme Court Grants Relief To Company Which Missed Deadline Due To IBC Moratorium The Supreme Court Bench comprising of Justices M R Shah and Justice B V Nagarathna has remarked that “No one can be expected to do the impossible” while granting relief to a company which could not avail the benefit of settlement of tax dues …

India Justice Supreme Court Corporate Court Insolvency Resolution
Monthly Digest Of IBC Cases: October 2023
1 year, 1 month ago

Monthly Digest Of IBC Cases: October 2023

Live Law  

Supreme Court The Supreme Court bench comprising Justices S Ravindra Bhat and Aravind Kumar, has held that homebuyers cannot be treated differently from other "financial creditors" under the Insolvency and Bankruptcy Code 2016 just because they have secured orders from the authority under the Real Estate Act 2016. 799 of 2023 The National Company Law Appellate Tribunal, Principal Bench, New …

Law India Summer Vacation Supreme Court Property National Corporate Debtor
Supreme Court Monthly Round-Up [October 2023]
1 year, 1 month ago

Supreme Court Monthly Round-Up [October 2023]

Live Law  

Nominal Index Pankaj Bansal v. Union of India, Basant Bansal v. Union of India 2023 LiveLaw 844 Aditya Khaitan & Ors. GEETHA, D/O LATE KRISHNA v. NANJUNDASWAMY 2023 LiveLaw 940 Anjali Bhardwaj & Ors v. Union of India 2023 LiveLaw 942 Manish Sisodia v. Central Bureau of Investigation 2023 LiveLaw 944 Judgments/Orders Mere Non-Cooperation To ED Summons Not A Ground …

India Rajasthan Justice Tamil Nadu Family Planning Delhi Disciplinary Proceedings
Supreme Court Weekly Round-Up(23rd-29th October)
1 year, 1 month ago

Supreme Court Weekly Round-Up(23rd-29th October)

Live Law  

Nominal Index Tottempudi Salalith v State Bank Of India 2023 LiveLaw 914 M/S Unibros v. All India Radio, 2023 LiveLaw 918 Debasish Paul v. Amal Boral, 2023 LiveLaw 919 Mumtaz Yarud Dowla Waqf v. M/S Badam Balakrishna Hotel Pvt Ltd. 2023 LiveLaw 920 Manmohan Gopal v. State Of Chhattisgarh, 2023 LiveLaw 921 Ambalal Parihar v. State of Rajasthan and ors, …

India Justice Delhi Supreme Court Medical Negligence Constitution Court
IBC| Time-Barred Recovery Certificate Can Be Segregated From Composite Claim Under Section 7 : Supreme Court
1 year, 1 month ago

IBC| Time-Barred Recovery Certificate Can Be Segregated From Composite Claim Under Section 7 : Supreme Court

Live Law  

The Supreme Court has held that in a composite application filed under Section 7 of the Insolvency and Bankruptcy Code, 2016 based on several Recovery Certificates issued by Debt Recovery Tribunal, if any of the Recovery Certificate is barred by limitation, then the same can be segregated from composite claim. In the event the Appellate Tribunal is of opinion that …

Recovery Court Companies Act Limitation Nclt Act Certificate
IBC | Doctrine Of Election Can't Prevent Financial Creditor From Initiating CIRP Against Corporate Debtor: Supreme Court
1 year, 2 months ago

IBC | Doctrine Of Election Can't Prevent Financial Creditor From Initiating CIRP Against Corporate Debtor: Supreme Court

Live Law  

The Supreme Court has held that the 'Doctrine of Election' cannot be applied to prevent a Financial Creditor from approaching the National Company Law Tribunal for initiation of Corporate Insolvency Resolution Process against a Corporate Debtor, under the Insolvency and Bankruptcy Code, 2016. As such, the holder of such certificate would be entitled to initiate CIRP, if initiated within a …

Supreme Court Corporate Financial Recovery Court Election Corporate Debtor
Recovery Certificate Under Debt Recovery Act Is Not Limited To Winding Up Proceedings Only But Extends To IBC: Clarifies Supreme Court
2 years, 2 months ago

Recovery Certificate Under Debt Recovery Act Is Not Limited To Winding Up Proceedings Only But Extends To IBC: Clarifies Supreme Court

Live Law  

Recently, the Supreme Court in the case of Kotak Mahinda Bank Limited vs A. Balakrishnan & another has held that any liability arising out of a recovery certificate needs to be treated as financial debt within vis-à-vis clause of Section 5 of the Insolvency and Bankruptcy Code, 2016 and the holder of recovery certificate would be a financial creditor within …

Supreme Court Court Proceedings Legislature Supreme Act Limited
Supreme Court Weekly Round Up : May 30 - June 3,2022
2 years, 6 months ago

Supreme Court Weekly Round Up : May 30 - June 3,2022

Live Law  

Supreme Court Judgements Case Title: Levaku Pedda Reddamma vs Gottumukkala Venkata Subbamma | CA 4096 OF 2022 Citation: 2022 LiveLaw 533 The Supreme Court observed that refusing permission to a party in a civil suit to produce additional documents even if there is some delay will lead to denial of justice. As such, the holder of such certificate would be …

Supreme Court High Court Constitution Court Public Interest National Order
Home Buyers Cannot Invoke Insolvency Proceedings For Recovery Of RERA Award: NCLAT [Read Order]
4 years, 3 months ago

Home Buyers Cannot Invoke Insolvency Proceedings For Recovery Of RERA Award: NCLAT [Read Order]

Live Law  

The National Company Law Appellate Tribunal allowed an appeal filed by Sushil Ansal, former Director and shareholder of Ansal Properties and Infrastructure Limited setting aside the National Company Law Tribunal, Delhi bench March 17 order for the initiation of insolvency proceedings under Section 7 of the Insolvency and Bankruptcy Code, 2016. Stressed Assets Stabilisation Fund and Ors.- MANU/NL/0092/2020 observed that …

Recovery Insolvency Order Company Nclt Respondents Insolvency Proceedings
NCLAT Sets Aside Insolvency Proceedings against Ansal Properties and Infrastructure
4 years, 4 months ago

NCLAT Sets Aside Insolvency Proceedings against Ansal Properties and Infrastructure

News 18  

The National Company Law Appellate Tribunal on Friday set aside the insolvency proceedings against Ansal Properties and Infrastructure Ltd and ruled that the management of the company be handed over back to its board. The appellate tribunal set aside the orders of the Delhi bench of the National Company Law Tribunal, which had on March 17 directed to initiate insolvency …

Infrastructure Insolvency Nclt Rera Nclat Insolvency Proceedings Recovery Certificate