Tag: Bankruptcy

Margin Money is not included as Security Interest under the IBC and is not an asset of the Corporate Debtor: NCLAT Principal Bench

The Hon’ble Division Bench, National Company Law Appellate Tribunal, (NCLAT) Principal Bench-New Delhi, comprising of Justice Anant Bijay Singh, Member (Judicial) and Ms. Shreesha Merla, Member (Technical) in Punjab National Bank v. Supriyo Kumar Chaudhari and Ors.1

Limitation period for filing applications under I&B Code

The Hon’ble Supreme Court, in Tech Sharp Engineers Private Limited v. Sanghvi Movers Limited (Civil Appeal No. 296 of 2020), on September 19, 2022, held “a claim may not be barred by limitation, it is

NCLT

Disclosure of proceeding under Negotiable Instrument Act is immaterial while filing Insolvency Proceedings

The Kolkata bench of the National Company Law Tribunal (“NCLT”) held that while filing an application for insolvency under the Insolvency and Bankruptcy Code 2016 (the “Code”) it was not necessary to disclose the fact