National Company Law Appellate Tribunal

25th Aug, 2020

NCLAT upholds the order of NCLT rejecting the application u/s 9 of IBC against TATA Chemicals Ltd.

National Company Law Appellate Tribunal on 11.08.2020 upheld the decision of NCLT, Mumbai bench dated 15.11.2019 of dismissing the application filed u/s 9 of IBC 2016 against Tata Chemicals in the matter of M/s Allied […]
17th Mar, 2020

Companies Tribunal is empowered to pass similar order relying on Sections 241 & 242 of the Companies Act, 2013 as was empowered under Section 388B of the Companies Act 1956.

The NCLAT (hereinafter referred to as’ in the matter of Shri CP Yogeshwara vs Union of India [Company Appeal (AT) No. 111 of 2019) decided on 13.03.2020 held that even in absence of Section 388B […]
17th Mar, 2020

SARFAESI & DRT proceedings will not extend Limitation period under Insolvency and Bankruptcy Code

The National Company Law Appellate Tribunal in the matter of Bimalkumar Manubhai Savalia vs. Bank of India [Company Appeal(AT) (Insolvency) No. 1166 of 2019] decided on 10.02.2020 held that the limitation period in view of […]
19th Feb, 2020

Corporate Insolvency Resolution Process against a real estate company is limited to project concerned and will not affect other projects

The National Company Law Appellate Tribunal in the matter of Flat Buyers Association Winter Hills vs M/s Umang Realtech Pvt. Ltd. through IRP (CA AT (Insolvency) No. 926 of 2019) decided on 11.02.2020 has held […]
3rd Feb, 2020

A petition under section 14(1) of Companies Act can only be entertained after expiry of three months from the date of passing of Special Resolution

The National Company Law Appellate Tribunal, New Delhi in the case of M/s. Medeor Hospitals Limited (formerly known as Rockland Hospital Ltd) vs Registrar of Companies, Delhi (Company Appeal (AT) No. 394 of 2018) on […]
15th Dec, 2019

Time spend in SARFAESI proceeding can be excluded for computing limitation for proceedings under Insolvency and Bankruptcy Code 2016

Time spent in proceedings pursued under SARFESI, is entitled to be excluded in later proceedings filed under Section 7 of Insolvency and Bankruptcy Code, in terms of Section 14(2) of Limitation Act, 1963. The only […]
27th Aug, 2019

Workman Dues of Pension, Gratuity, PF not included in liquidation Assets: NCLAT

The National Company Law Appellate Tribunal in “State Bank of India vs Moser Baer Karamchari Union & Anr” in Company Appeal (AT) (Insolvency) No. 396 of 2019 (decided on 19.08.2019) confirmed that the dues should […]
16th Aug, 2019

Section 9 insolvency plea cannot be rejected when disputed claim is not raised prior to demand notice: NCLAT

The National Company Law Appellate Tribunal has held that existence of a ‘disputed claim’ cannot be a ground to reject an application under Section 9 of the Insolvency and Bankruptcy Code 2016 (hereinafter referred as […]
28th Dec, 2018

The Registrar has to follow the procedure laid under Section 248 of the Companies Act 2013 before striking down the name of the company.

The Ld. National Company Law Appellant Tribunal held that the Registrar has to follow the due process as mentioned under Section 248 of the Companies Act 2013 and serve a proper notice to the company, […]
22nd Dec, 2018

The Registrar has to follow the procedure laid under Section 248 of the Companies Act 2013 before striking down the name of the company

The Ld. National Company Law Appellant Tribunal held that the Registrar has to follow the due process as mentioned under Section 248 of the Companies Act 2013 and serve a proper notice to the company, […]
20th Dec, 2018

The amendment in Section 30 of the Insolvency and Bankruptcy Code, 2016 shall be applicable to all Resolution Plans which were not approved by the Committee of Creditors or by Adjudicating Authority on the date of amendment.

The Ld. National Company Law Appellant Tribunal after observing the amendments in Section 30 of the Insolvency and Bankruptcy Code 2016 held that the amendment brought under the said section by amending the words “seventy […]
7th Dec, 2018

Dispute raised for first time in reply about quality of goods will not constitute preexisting dispute about operational debt under Insolvency and Bankruptcy Code, 2016

The National Company Law Appellate Tribunal has held that a dispute raised for the first time in reply to demand notice or in response to Adjudicating Authority regarding quality of goods will not amount to […]