Tag: Corporate Debtor

Adjudicating Authority cannot delve into the merits of a Section 95 of Company Petition before appointment of Resolution Professional under Section 97 of IBC

Adjudicating Authority cannot delve into the merits of a Section 95 of Company Petition before appointment of Resolution Professional under Section 97 of IBC

The Hon’ble National Company Law Appellate Tribunal, Principal Bench, New Delhi, comprising of Justice Ashok Bhushan (Chairperson), Barun Mitra (Technical Member), and Arun Baroka (Technical Member), in Central Bank of India vs. Deepen Arun Parekh

Properties sold in auction sale prior to the commencement of moratorium cannot be treated as liquidation assets of the Corporate Debtor: Supreme Court

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