Showing posts with label IBC. Show all posts
Showing posts with label IBC. Show all posts
Section 9 Petition is non-maintainable if Demand Notice u/S. 8 is not in prescribed format : NCLT, Hyderabad
Corporate Debtor cannot take any benefit of Criminal Proceedings initiated by filing an application u/s 156 of CrPC which was filed subsequent to the receipt of Demand Notice u/s 8 of IBC : NCLAT
The factum of litigation by Writ Petition in High Court by a third party and suit by certain parties in the property cannot be ground for the Successful Bidder of not making payment of balance amount : NCLAT
Section 74 of Indian Contract Act, 1872, has no application in the case of an Auction conducted by the Liquidator under the Liquidation Process Regulations, 2016 : NCLAT
The hierarchy of the waterfall mechanism is based on a structured mathematical formula, and that striking down any of the provisions or rearranging the hierarchy of the waterfall mechanism would lead to cascading effects : Supreme Court
Any settlement after constitution of the CoC is only permissible when the same is approved with 90% vote share of CoC : NCLAT
Once a property is part of liquidation estate of the Corporate Debtor, the provisions of IBC are applicable : NCLAT
The expenses incurred by IRP and RP for the purpose of CIRP is bound to be reimbursed and included as CIRP Cost : NCLT
Whether is it not mandatory on the part of the RP to issue notice to all the Operational Creditors in terms of Section 24(3)(c) of the Code if it is found by him that their admitted claim is more than 10%?
The NCLT does not have any residuary jurisdiction to entertain the contractual dispute which has arisen dehors the insolvency of the Corporate Debtor : Supreme Court
It is mandatory for the Creditor to file Information of Default with the Information Utility before filing an Application under Section 7 or 9 of IBC to initiate CIRP.
Claimants cannot be allowed to claim any further amount in addition to the amount which they have claimed in their Form D : NCLAT
Threshold limit of Rs. 1 crore under Section 4 of IBC is applicable from the date of filing and not from the date of Registration : NCLAT
Whether ‘Resolution Professional’ as defined under Section 22 of the I&B Code will come within the meaning of ‘Public Servant’ under Section 2 (c) of the Prevention of Corruption Act?
Once the Resolution Plan stands approved, no alterations/modifications are permissible : SC
The Provisions of IBC would prevail over Customs Act: Supreme Court
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