LIABILITY OF A PERSONAL GUARANTOR SHALL NOT EXTINGUISH UPON SUBSEQUENT RENUNCIATION OF INDIAN CITIZENSHIP: NCLT KOLKATA BENCH

NCLT Kolkata Bench, comprising of Shri Rohit Kapoor, Member (Judicial) and Shri Harish Chander Suri, Member (Technical), in SBI v. Sudip Bijoy Dutta, Director of Ess Dee Aluminium Ltd.(Company Petition  No. 54/KB/ 2021), on 16th June, 2022

The Holder of the Recovery Certificate would be a Financial Creditor and would be entitled to initiate CIRP: Supreme Court

A Supreme Court Bench comprising Justices L. Nageswara Rao, B.R. Gavai and A.S. Bopanna, in Kotak Mahindra Bank Limited v. A. Balakrishna and Anr (Civil Appeal No. 689 of 2021), affirmed the view taken in

NCLT HAS JURISDICTION OVER PERSONAL GUARANTORS EVEN IF NO CIRP/LIQUIDATION IS PENDING AGAINST CORPORATE DEBTOR : SUPREME COURT

Supreme Court bench comprising of Justice S Abdul Nazeer and Justice Vikram Nath held that NCLT has jurisdiction over proceeding against personal guarantors of corporate debtor under Insolvency and Bankruptcy Code (“I&B Code”) even if

SALARIES OF THOSE EMPLOYESS WHO WORKED DURING CIRP CONSTITUTE CIRP COSTS & PROVIDENT FUND, GRATUITY FUND TO BE KEPT OUT OF THE LIQUIDATION ESTATE

The Supreme Court bench comprising of Justices MR Shah and Aniruddha Bose in the recent Judgement1 held that: – the wages or salaries of only such workmen/employees, who worked during the Corporate Insolvency Resolution Process

india law

NCLT CAN ISSUE NON BAILABLE WARRANT AGAINST PERSON UNDER IBC: NCLAT

National Company Law Appellate Tribunal (“NCLAT”) in Vikram Puri vs Universal Builders1 held that the adjudicating authority has jurisdiction under Insolvency and Bankruptcy Code 2016 (“IBC”) to issue non-bailable warrant against persons. The decision was

Insolvency and Backruptcy

Balance sheet entries can amount to acknowledgement of debt under Section 18 of Limitation Act

The Supreme Court in Asset Reconstruction Company (India) Limited vs. Bishal Jaiswal & Anr.[1] has ruled that entries in balance sheets can amount to acknowledgement of debt for the purpose of extending limitation under Section

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