Case Summaries Archives

S. 59 of IBC and Voluntary Liquidation under Companies Act

By: Atchyut Mandhata
VoluntaryLiquidation
Jun 17
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The Hon’ble NCLAT has held that the jurisdiction exercised by the Adjudicating Authority is vested in it and cannot be termed improper. Despite being of the view that the claim initially left out by the Respondent No.1 was payable, the Liquidator proceeded to reject the same without any justifiable reason which cannot be supported.

By: Vijay Sekar
resolution professional
Jun 10
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The Adjudicating Authority found that there is no material change in the Resolution plan save and except modification/concession/relaxation in respect of time line of payment to the creditors and/ or stake holders and the relief sought appears to be genuine and bonafide. Therefore, the Resolution plan has been approved by the adjudicating authority with a modified time frame/timeline.

EX-EMPLOYEE OF FINANCIAL CREDITOR CANNOT ACT AS IRP/RP

The NCLAT upheld the order passed by the Adjudicating Authority holding that apprehension of biasness raised by the Corporate Debtor cannot be dismissed offhand and that NCLT is justified in changing the IRP.

CIRP APPLICATION CAN BE ADMITTED EX-PARTE

According to Section 7 of the code, application for initiation of CIRP is admitted after ascertaining the existence of default in respect of debt owed. In this case, the CD has acknowledged the existence of default but neither repaid it nor filed any reply-affidavit to the notices which clearly indicates that there is no violation of principles of natural justice by the Adjudicating Authority. Accordingly, the NCLAT dismissed the appeal.

“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

By: Prakul Thadi
Resolution Appicant
Dec 13
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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.

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

By: Prakul Thadi
State Bank of India
Dec 13
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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,

By: Prakul Thadi
Trade Union
Dec 13
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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