Showing posts with label NCLAT. Show all posts
Showing posts with label NCLAT. Show all posts
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
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
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%?
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 an application filed under Section 65 of IBC is maintainable after the filing of the application under Section 7, 9 or 10 of IBC or could be maintainable only after the admission of such an application?
NCLT is required to issue a seven days notice where the Application u/S. 7 of IBC is incomplete : NCLAT
Section 9 Proceedings under IBC are not the proceedings where the dispute raised by the parties arising out of contract between the parties can be gone into and adjudicated : NCLAT
NCLAT upholds CCI's ₹1,337.76 crores penalty on Google
Whether after the closure of Challenge Process, the AA could consider the revised Resolution Plan?
In event conditions under Section 65, IBCode are fulfilled, Section 10, application can be rejected, even if debt and default is proved.
Whether Regulation 30A of CIRP Regulations, 2016 is inconsistent with section 12A of IBCode which allow withdrawal of application post initiation of CIRP?
Whether the Adjudicating Authority can remove the Liquidator?
The power given to the CoC to take decision for liquidation is very wide power which can be exercised immediately after constitution of the CoC : NCLAT
The rental lease agreement can be ‘operational debt’ but not ‘financial debt’ : NCLAT
The main Objective of the judgment is not only to do but to seem to do justice: NCLAT
If any decision is taken by the Committee, prior to the reconstitution its validity will not be affected : NCLAT
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