Tenant's Rights Upheld: Supreme Court Nullifies Auction Sale, Rejects Bank's Claim for Possession4 days agomore_vert
Defaulter Cannot Resort To Criminal Proceedings Against Creditor or Auction Purchaser Against Auction Held Under SARFAESI Act; Exclusively DRT's Domain5 days agomore_vert
Secured Creditor Cannot Proceed Under The SARFAESI Act When A Civil Suit For Recovery Is Dismissed On Merit6 days agomore_vert
Home buyers and allottees of real estate projects are categorized as financial creditors regardless of whether they have invoked remedies under RERA7 days agomore_vert
Auction Purchaser cannot claim the interest on the sale consideration for the delay in issuing the Sale Certificate7 days agomore_vert
Protection Of Moratorium Does Not Extend To Directors/Officers Of The Corporate Debtor And Allows For The Enforcement Of Orders Against Them9 days agomore_vert
Examining The Impact of New Payment Rule for MSMEs Under Introduction of Section 43B(h) of the Income Tax Act9 days agomore_vert
High Court Quashes Demand Notice And Assessment Order In The Absence Of Any Claim Not Forming Part Of The Resolution Plan10 days agomore_vert
Supreme Court Upholds Acquittal: Burden of Proof Shifts to Accused Only After The Petitioner Establishes Prima Facie Evidence Of The Debt10 days agomore_vert
Despite the Provision Of A Free Copy Of Its Order By The NCLT Registry, It Does Not Fulfil The Mandatory Requirement Of A Certified Copy For Filing An Appeal13 days agomore_vert
Arbitral Tribunal's Order cannot affect the pending insolvency proceedings under the Insolvency and Bankruptcy Code, 201615 days agomore_vert
Claims under the Insolvency and Bankruptcy Code must be considered regardless of their form if they are verifiable16 days agomore_vert
The liquidator has the right to forfeit the amounts deposited by the bidder by the terms and conditions of the auction process18 days agomore_vert
High Court affirms automatic suspension of Insolvency Professionals during the disciplinary proceedings18 days agomore_vert
Payment offered To The Operational Creditor Through Partly Paid Redeemable Preference Shares Is Not In Accordance With Section 30(2)(b)(ii) IBC19 days agomore_vert
NCLAT Rejects Homebuyers' Application For Insolvency Proceedings Against Ansal Hi-Tech Township As It Does Not Meet The Threshold Requirements Of Section 7(1) Of The IBC19 days agomore_vert
New Resolution Applicants Are Not Entitled To Participate In The CIRP And Submit A Resolution Plan Without The Issuance Of Fresh 'Form G'20 days agomore_vert
Legal heirs are not responsible for the partnership firm's debts upon the death of a partner20 days agomore_vert
Filing Of Claims Under CIRP Within A Stipulated Timeline Though Important, Should Be Seen As A Directory Rather Than Mandatory21 days agomore_vert
Commercial Transactions Are Outside The Purview Of The Consumer Protection Act, 198622 days agomore_vert
A Resolution Plan Must Ensure That Operational Creditors Receive At Least An Amount Equivalent To Their Liquidation Value22 days agomore_vert
Supreme Court Set Aside the Conviction Under Section 138 NI Act Case Based On Civil Court's Declaration That the Cheque was Issued Solely for Security Purposes25 days agomore_vert
Debt Is To Be Considered A Financial Debt Under The Insolvency And Bankruptcy Code, Even If It Does Not Carry Interest26 days agomore_vert
Importance of transparent valuation practices and regulatory compliance in corporate insolvency resolution processes (CIRP)27 days agomore_vert
Empowering Resolution Professionals: Seeking Additional Information from Creditors to Substantiate Claims and Exercise Due Diligence27 days agomore_vert
Bank's failure to provide borrowers with forensic audit reports violates natural justice, nullifying their decision to declare borrower company's account fraudulent28 days agomore_vert
Prospective Resolution Applicant, Having Actively Participated In CIRP, Has Locus Standi To File An Intervention Application28 days agomore_vert
Examining the validity of any contractual agreement lies outside the purview of duties of the Resolution Professional28 days agomore_vert
Erstwhile Liquidator has no Locus Standi to file a Review Application and does not possess any inherent rights to contest the matter in their personal capacityMar 31more_vert
CIRP Under Section 7 Of IBC Can Be Initiated Against An Auction Purchaser In Proceedings Under The SARFAESI ActMar 28more_vert
Once A Resolution Plan Is Approved By The CoC, It Cannot Be Withdrawn Or Modified By The Resolution ApplicantMar 28more_vert
Statutory Arbitration Conducted By The Facilitation Council Under the MSME Development Act Cannot Supersede The Arbitration AgreementMar 28more_vert
The Appellants, In Their Capacity As Promoters And Shareholders, Are Deemed To Lack The Requisite Standing To Contest The Liquidation OrderMar 27more_vert
Post-initiation of CIRP, obtaining MSME status does not disqualify the Corporate Debtor from submitting a resolution plan under Section 240A, IBCMar 26more_vert
Section 138 NI Act Proceedings Do Not Bar Arbitration Initiation; Both Are Independent Paths For Dispute ResolutionMar 26more_vert
Operational Creditors May Find Relief: Proposals for Equitable Treatment in Insolvency ReformsMar 26more_vert
Understanding and Leveraging the Recent RBI Guidelines for Credit Card Billing Cycle AdjustmentsMar 24more_vert
MSME Council does not have the power to adjudicate the challenges to the maintainability of a reference at the conciliation stageMar 23more_vert
Third-Party Cannot Be Held Liable Under A Contract Unless They Are A Direct Party To ItMar 23more_vert
Bank is Entitled to Proceed under the SARFAESI Act for the Recovery of Loan, as the Liability of the Guarantor is Joint and Several with the Principal DebtorMar 21more_vert
MoU and Ledger Statements of the Corporate Debtor are Insufficient Proof to Accept the Claim as a Financial DebtMar 21more_vert
Writ Petition before the High Court challenging a sale notice issued by a secured creditor under the SARFAESI Act is not maintainableMar 22more_vert
A speculative investor cannot be considered a Financial Creditor under Section 5(8)(f) of the Insolvency and Bankruptcy CodeMar 21more_vert
Committee of Creditors cannot consider a resolution plan from an applicant whose name is not included in the final list of Prospective Resolution ApplicantsMar 21more_vert
New 45-day Payment Rule for MSMEs and the Introduction of Section 43B(h) to the Income Tax ActMar 21more_vert
Government Considering Amendments to SARFAESI and DRT Laws, Proposing Legal Validity for E-NoticesMar 20more_vert
An arbitration clause in the contract prevents arbitration until alternative remedies are made by the governmentMar 19more_vert