“NCLAT clarify when Interim moratorium commences against the Personal Guarantor, If Section 95 Application is not filed before proper jurisdictional NCLT” – An Analysis of the Mr Arvind Dham v. State Bank of India and Anr. Case.
Introduction: The case of Mr Arvind Dham v. State Bank of India and Anr. revolves around the admission of Section 95(1) application filed by the State Bank of India against the appellant, Mr Arvind Dham,
The timelines as stipulated in the Code needs to be considered as of directory nature and not as mandatory in nature: NCLAT, New Delhi
Introduction: In the matter of Vikram Laxman Pawar v. Sripatham Venkatasubramaniam Ramkumar, [i] the Hon’ble National Company Law Appellate Tribunal (NCLAT) held that the timelines established under the Insolvency and Bankruptcy Code should be regarded
NCLT should preclude mentioning date of hearing on the order, when the order is pronounced on a later date: Supreme Court
The Three Judge Bench of Hon’ble Supreme Court (SC) comprising of Chief Justice of India D.Y. Chandrachud, Justices J.B. Pardiwala and Manoj Mishra in Sanjay Pandurang Kalate v. Vistra ITCL (India) Limited and Others[i] clarifiedthat
Top 5 I&B Code Supreme Court Landmark Judgments, 2023
1. Supreme Court clarified position on limitation period barring operational claims arising out of multiple invoices In March 2023, the Supreme Court (SC) division bench in M/s. Next Education India Pvt. Ltd. Vs. M/s. K12
Properties sold in auction sale prior to the commencement of moratorium cannot be treated as liquidation assets of the Corporate Debtor: Supreme Court
The Hon’ble Supreme Court (“SC”) comprising of Hon’ble Justice Aniruddha Bose and Hon’ble Justice Vikram Nath in the matter of Haldiram Incorporation Pvt. Ltd. v. Amrit Hatcheries Pvt. Ltd.[i] asserted that the properties auctioned for
MSME Promoters are not disqualified u/s 29A of IBC to apply for Resolution Plan: Supreme Court
The Hon’ble Supreme Court in its recent judgment in the case of Hari Babu Thota v. X[i] has overturned the Hon’ble NCLAT’s decision in Digambar Anandrao Pingle v. Shrikant Madanlal Zawar[ii] and has held that,
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