JUDICIAL INTERVENTION AND IBC

The article tries to establish how the judicial intervention of NCLT, NCLAT and Supreme Court helped establish the objective of the IBC

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SC: NOT INCLINED TO INTERFERE WITH THE DECISION OF CoC OF DHFL TO COMMENCE LENDING OPERATIONS

The Supreme Court rejected the plea of depositors of DHFL and opined that it is not inclined to interfere with the decision of CoC. This article is an attempt to explore FRDI Bill assuming DHFL is being resolved under FRDI.

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“GOVERNING LAW” CLAUSE OF AN AGREEMENT CANNOT RESTRICT THE JURISDICTION OF NCLT: NCLAT

“GOVERNING LAW” CLAUSE OF AN AGREEMENT CANNOT RESTRICT THE JURISDICTION OF NCLT: NCLAT CASE SUMMARY EXCEL METAL PROCESSORS LIMITED – Appellant Vs BENTELER TRADING INTERNATIONAL GMBH AND ANR. – Respondents  (Company Appeal (AT) (Insolvency) No. 782 of 2019) Judgment dated 21.08.2019 by Justice S. J. Mukhopadhaya and Justice A.I.S. Cheema 1. Issue in Consideration: Whether the

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NCLT HAS THE POWER TO EXCLUDE THE PERIOD OF DELAY IN APPOINTING THE “RP” IN PLACE OF THE “IRP”: NCLAT

NCLT HAS THE POWER TO EXCLUDE THE PERIOD OF DELAY IN APPOINTING THE “RP” IN PLACE OF THE “IRP”: NCLAT CASE SUMMARY Mrs. Vandana Garg – Appellant vs Reliance Capital Ltd. & Anr. – Respondent (Company Appeal (AT) (Insolvency) No. 603 of 2019) Order dated July 2, 2019 by Justice S.J. Mukhopadhaya (Chairperson), Justice A.I.S.

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MONEY RECEIVED AS LOAN WITH REGARD TO FUTURE SUPPLIES OF MATERIAL BE TREATED AS FINANCIAL DEBT: NCLAT

MONEY RECEIVED AS LOAN WITH REGARD TO FUTURE SUPPLIES OF MATERIAL BE TREATED AS FINANCIAL DEBT: NCLAT CASE SUMMARY Gaurav Agrawal, Director M/s. Albus India Ltd.       – Appellant vs M/s Tuf Metallurgical (P) Ltd. & M/s Albus India Ltd.    – Respondents (Company Appeal (AT) (Ins) No.212 of 2019) Order dated September 4, 2019 by

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PF, PENSION AND GRATUITY CANNOT BE CONSIDERED AS LIQUIDATION ESTATE UNDER IBC: NCLAT

PF, PENSION AND GRATUITY CANNOT BE CONSIDERED AS LIQUIDATION ESTATE UNDER IBC: NCLAT CASE SUMMARY STATE BANK OF INDIA – Appellant vs MOSER BAER KARAMCHARI UNION & ANR – Respondent (COMPANY APPEAL (AT)(INSOLVENCY) NO. 396 of 2019) Order dated 19.08.2019 by Justice S.J.MUKHOPADHAYA and Justice A.I.S. CHEEMA 1. Issue in Consideration Whether the provident fund,

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TRADE UNION IS AN OPERATIONAL CREDITOR UNDER IBC : SUPREME COURT

TRADE UNION IS AN OPERATIONAL CREDITOR UNDER IBC : SUPREME COURT CASE SUMMARY JK JUTE MILLS MAZDOOR MORCHA (TU)—Appellant vs JUGGILAL KAMLAPAT JUTE MILLS COMPANY LIMITED —Respondent (CIVIL APPEAL NO.20978 of 2017) Judgment dated 30.04.2019 by Justice R.F. Nariman And Justice Vineet Saran 1. Issue in Consideration: This appeal addresses an important question of law

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WHY DID UK PM THERESA MAY RESIGN?

WHY DID UK PM THERESA MAY RESIGN? Mrs. Theresa Mary May graduated from the St Hugh’s College, Oxford in the year 1977. May made her political entrance after being elected to be the Member of Parliament (MP) for Maidenhead in the year 1997. After a 13 year journey in UK politics she served as the

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LIMITED LIABILITY PARTNERSHIP: PROCEDURE FOR FORMATION

LIMITED LIABILITY PARTNERSHIP: PROCEDURE FOR FORMATION LIMITED LIABILITY PARTNERSHIP: PROCEDURE FOR FORMATION A Limited Liability Partnership is a body corporate formed and incorporated under the Limited Liability Partnership Act, 2008 and is a legal entity separate from that of its partners and has perpetual succession. Process of Registration as LLP Step 1: Obtain Digital Signature

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BENEFIT OF DOUBT IN FRIVOLOUS INVESTIGATION ACCRUES IN FAVOUR OF THE ACCUSED: SUPREME COURT IN STATE OF UTTAR PRADESH V. WASIF HAIDER & ORS.

BENEFIT OF DOUBT IN FRIVOLOUS INVESTIGATION ACCRUES IN FAVOUR OF THE ACCUSED: SUPREME COURT IN STATE OF UTTAR PRADESH V. WASIF HAIDER & ORS. “The accused cannot be expected to relinquish his innocence at the hands of an inefficacious prosecution, which is ridden with investigative deficiencies” the Supreme Court laid down in a recent judgement

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