NCLT has limited jurisdiction, cannot substitute any commercial term of resolution plan approved by Committee of Creditors
The Supreme Court in Jaypee Kensington Boulevard Apartments Welfare Association & Ors. vs. NBCC (India) Ltd. & Ors.[1] has issued a significant judgment on the powers and jurisdiction of the National Company Law Tribunal (NCLT)
Section 14 of Limitation Act applies to application under Section 7 of I&B Code
The Supreme Court in Seth Nath Singh & Anr vs. Baidyabati Sheoraphuli Co-operative Bank Ltd & Anr[1] has ruled that an applicant under Section 7 of the Insolvency and Bankruptcy Code (“I&B Code”) can claim
Moratorium under I&B Code to include proceedings of cheque dishonor & Section 34 of Arbitration Act
The Supreme Court of India in P Mohanraj and others vs. M/s Shah Brothers Ispat Ltd[1] has held that the moratorium under Section 14 of the Insolvency and Bankruptcy Code (the “Code”) also covers proceedings
Whether the NCLT can refer a dispute to the Central Government under the Companies Act?
An important question of law was raised in the National Company Law Appellate Tribunal (“NCLAT”) in Vijay Pal Garg & Ors. Vs. Pooja Bahry (dated 4th February 2020)[i] against the order passed by the Adjudicating
Whether a resolution plan can be modified post approval?
Under the Insolvency and Bankruptcy Code, 2016 (“I&B Code”), a Corporate Insolvency Resolution Process (“CIRP”) is initiated with an order of the Adjudicating Authority (“NCLT”) admitting an application by a creditor or debtor. As soon
PERIOD OF LIMITATION STARTS FROM THE DATE OF DEFAULT, NOT FROM THE DATE OF DECREE: NCLAT
In a recent judgment Sh G Eswara Rao vs. Stressed Assets Stabilisation Fund[i] National Company Law Appellate Tribunal (“NCLAT”), the appellate tribunal under the Insolvency & Bankruptcy Code, 2016 (“I&B Code”) held that period of
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