Insolvency and Bankruptcy Code 2016
2nd Nov, 2019
The Supreme Court in the matter of Duncans Industries Ltd. vs. A.J. Agrochem upheld the order of the NCLAT allowing the insolvency petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 initiated by […]
27th Aug, 2019
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
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 […]
6th May, 2019
Registered trade union can file insolvency petition as operational creditor on behalf of its members
A registered trade union which is formed for the purpose of regulating the relations between workmen and their employer can maintain a petition as an operational creditor on behalf of its members. The above-mentioned observation […]
26th Mar, 2019
The National Company Law Appellate Tribunal has held that statutory dues of income tax, value added taxes etc. are ‘operational debts’ under the Insolvency and Bankruptcy Code 2016. The said ruling was held in […]
20th Dec, 2018
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
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 […]
18th Oct, 2018
The Ld. National Company Law Appellant Tribunal while interpreting Sub-section (1) of Section 60 of the Insolvency and Bankruptcy Code, 2016 (I&B Code 2016), held that NCLT where the registered office of the corporate debtor […]
11th Oct, 2018
The Ld. National Company Law Appellant Tribunal further observed that where workmen/employees are ‘Operational Creditors’, the application may be made either by an ‘Operational Creditor’ in an individual capacity or as a joint capacity by […]
20th Sep, 2018
As per Section 21 (8) of the Insolvency and Bankruptcy Code 2016, all decisions of the ‘committee of creditors’ are required to be taken by a vote of not less than 75% of the voting […]
19th Sep, 2018
The ground for appointment of arbitrator cannot be taken as a ground in defeating an application under Section 7 of the Insolvency and Bankruptcy Code 2016 though it is permissible to take such a ground […]
14th Sep, 2018
The said ratio was delivered by the National Company Law Appellate Tribunal in the matter of Core Hotels Ventures Private Limited and Anr. Vs. Bank of Baroda and Anr., Company Appeal (AT) (Insolvency) No. […]