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WELCOME TO OUR BLOG. VISIT OUR BLOG FOR REGULAR UPDATES ON INSOLVENCY & BANKRUPTCY CODE, 2016. LANDMARK SUPREME COURT JUDGEMENTS, NCLAT JUDGEMENTS & NCLT JUDGEMENTS ON IBC

Wednesday, August 5, 2020

Once an insolvency professional is appointed to manage the company, the erstwhile directors who are no longer in management, obviously cannot maintain an appeal on behalf of the company

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Supreme Court Orders, Insolvency & Bankruptcy Code, 2016, Landmark Judgments_SC Orders, Once an insolvency professional is appointed to manage the company, the erstwhile directors who are no longer in management, obviously cannot maintain an appeal on behalf of the company

SC - Innoventive Industries Ltd. Vs. ICICI Bank.pdf


The time limit prescribed in IBC, 2016 for admitting or rejecting a petition or initiation of CIRP is directory for courts and time limit for removal of objections is mandatory for applicants

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Supreme Court Orders, Insolvency & Bankruptcy Code, 2016, Landmark Judgments_SC Orders, The time limit prescribed in IBC, 2016 for admitting or rejecting a petition or initiation of CIRP is directory for courts and time limit for removal of objections is mandatory for applicants

SC - Surendra Trading Company Vs. Juggilal Kamlapat Jute Mills Co. Ltd. & Ors..pdf


Sunday, August 2, 2020

IBC is not a recovery forum and the IBC provisions cannot be invoked if there is existence of real pre-existing dispute

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Supreme Court Orders, Insolvency & Bankruptcy Code, 2016, Landmark Judgments_SC Orders, IBC is not a recovery forum and the IBC provisions cannot be invoked if there is existence of real pre-existing dispute

Transmission Corporation Of Andhra Pradesh Limited Vs Equipment Conductors 34994_2018_Judgement_23-Oct-2018_2018-10-23 22_58_08.pdf


NCLAT opens window for the Corporate Debtor, to exit the CIRP, and allow to make an out of court settlement with its creditors.

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NCLAT Orders, Insolvency & Bankruptcy Code, 2016, Landmark Judgments_NCLAT Orders, NCLAT opens window for the Corporate Debtor, to exit the CIRP, and allow to make an out of court settlement with its creditors.

In the matter of Vivek Bansal Vs. Burda Druck India Pvt. Ltd. & Anr. CA(AT)(Ins)No. 552 of 2020


High Court ought not to have proceeded with the auction of the property of the Corporate Debtor, once the proceedings under the IBC had commenced, and an Order declaring moratorium was passed by the NCLT

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Supreme Court Orders, Insolvency & Bankruptcy Code, 2016, Landmark Judgments_SC Orders, High Court ought not to have proceeded with the auction of the property of the Corporate Debtor, once the proceedings under the IBC had commenced, and an Order declaring moratorium was passed by the NCLT

In the matter of Anand Rao Korada Resolution Professional Vs. Varsha Fabrics (P) Ltd. & Ors. Civil Appeal Nos. 8800-8801 of 2019.pdf


Expenses fixed by adjudicating authority will be borne by creditor who moves the application

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Supreme Court Orders, Insolvency & Bankruptcy Code, 2016, Landmark Judgments_SC Orders, expenses fixed by adjudicating authority will be borne by creditor who moves the application, if no COC is constituted

In the matter of S3 Electricals and Electronics Private Limited Vs. Brian Lau & Anr. Civil Appeal No. 103-2018


Saturday, August 1, 2020

A Corporate Debtor in respect of whom a liquidation order has been made is not entitled to make application to initiate CIRP against other Corporate Debtor

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NCLAT Orders, Insolvency & Bankruptcy Code, 2016, Landmark Judgments_NCLAT Orders, A Corporate Debtor in respect of whom a liquidation order has been made is not entitled to make application to initiate CIRP against other Corporate Debtor, section 11 of IBC, 2016

In the matter of Abhay N. Manudhane Vs. Gupta Coal India Pvt. Ltd. CA(AT)(Insolvency)No.786 of 2019


ED has no jurisdiction to attach the property of the Corporate Debtor which is undergoing CIRP without prior approval of the Appellate Tribunal

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NCLAT Orders, Insolvency & Bankruptcy Code, 2016, Landmark Judgments_NCLAT Orders, ED has no jurisdiction to attach the property of the Corporate Debtor which is undergoing CIRP without prior approval of the Appellate Tribunal

In the matter of JSW Steel Limited Vs. Mahender Kumar Khandelwal CA(AT) (Ins) No. 957 of 2019.pdf


Successful Resolution Applicant can not be burdened for past and unclaimed liabilities after approved Resolution Plan

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NCLAT Orders, Insolvency & Bankruptcy Code, 2016, Landmark Judgments_NCLAT Orders, Successful Resolution Applicant can not be burdened for past and unclaimed liabilities after approved Resolution Plan

In the matter of State of Haryana Vs. Uttam Strips Ltd. and Ors. CA(AT)(Ins)No. 319 of 2020.pdf


COC has the requisite power to replace the IRP with Proposed RP even in the subsequent meetings if not replaced by RP in first meeting of COC

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NCLAT Orders, Insolvency & Bankruptcy Code, 2016, Landmark Judgments_NCLAT Orders, COC has the requisite power to replace the IRP with Proposed RP even in the subsequent meetings if not replaced by RP in first meeting of COC, Section 22 read with section 27 of the IBC,2016

In the matter of Bank of India Vs. Ms. Nithin Nutritions Pvt. Ltd. CA(AT)(Ins)No. 497-501of 2020.pdf


CA IP MUKESH MITTAL