31Oct Date of Default cannot be shifted if a notice for payment is again issued because that would enable the Creditor to shift the Date of Default in every case by simply issuing a legal notice subsequent to the exclusion period having ended and the provisions of Section 10A of the IBC would become redundant and meaningless – Asset Reconstruction Company (India) Ltd. Vs. Manyata Developers Pvt. Ltd. – NCLT Bengaluru Bench Posted by IBC Laws Editoron October 31, 2023October 30, 2023in IBC-Case Laws-NCLT, Newsletter-IBC Case Username Password Remember Me Forgot Password In case you've already logged in, click here to know why you're not able to access this content.
30Oct The issue of fixing of EMD and its reasonableness in EOI is a matter which comes within the scope of Commercial Wisdom of the CoC and Adjudicating Authority has no jurisdiction to sit in appeal – Atharv Intertrade Pvt. Ltd. Vs. Mr. Shivadutt Bannanje, RP for Dnyanyogi Shri Shivakumar Swamji Sugars Ltd. – NCLT Bengaluru Bench Posted by IBC Laws Editoron October 30, 2023October 28, 2023in IBC-Case Laws-NCLT, Newsletter-IBC Case Username Password Remember Me Forgot Password In case you've already logged in, click here to know why you're not able to access this content.
30Oct NCLT condones the delay of 1191 days in submission of the proof of claim by SEBI – Edelwiss Assets Reconstruction Co. Ltd. Vs. Falcon Tyres Ltd. – NCLT Bengaluru Bench Posted by IBC Laws Editoron October 30, 2023October 27, 2023in IBC-Case Laws-NCLT, Newsletter-IBC Case Username Password Remember Me Forgot Password In case you've already logged in, click here to know why you're not able to access this content.
04Oct Waiver of the procedural requirement under Section 230-232 of the Companies Act, 2013 in case of Merger/Amalgamation of Companies proposed in the Resolution plan approved u/s 31 of IBC – SLD Steels Pvt. Ltd. – NCLT Bengaluru Bench Posted by IBC Laws Editoron October 4, 2023October 3, 2023in IBC-Case Laws-NCLT, Newsletter-IBC Case Username Password Remember Me Forgot Password In case you've already logged in, click here to know why you're not able to access this content.
04Oct Interest cannot be clubbed with the Principal amount for the purpose of threshold requirement under Section 9 of IBC unless there is an express provision for such addition in the Agreement, Work order or the Invoices – J Rajendra Naidu Vs. Amma Construction India Pvt. Ltd. – NCLT Bengaluru Bench Posted by IBC Laws Editoron October 4, 2023October 3, 2023in IBC-Case Laws-NCLT, Newsletter-IBC Case Username Password Remember Me Forgot Password In case you've already logged in, click here to know why you're not able to access this content.
04Oct CIRP cannot be initiated on the basis of non-genuine invoices – Ceyone Marketing Pvt. Ltd. Vs. Windsor Edifices Pvt. Ltd. – NCLT Bengaluru Bench Posted by IBC Laws Editoron October 4, 2023October 3, 2023in IBC-Case Laws-NCLT, Newsletter-IBC Case Username Password Remember Me Forgot Password In case you've already logged in, click here to know why you're not able to access this content.
20Sep Any individual homebuyer or association cannot maintain any challenge to the Resolution Plan – S. Viswanathan Vs. Mr. Vinay Mruthyunjaya RP Metrik Infraprojects Pvt. Ltd. – NCLT Bengaluru Bench Posted by IBC Laws Editoron September 20, 2023September 22, 2023in IBC-Case Laws-NCLT, Newsletter-IBC Case Username Password Remember Me Forgot Password In case you've already logged in, click here to know why you're not able to access this content.
19Sep Mere filing of a suit for recovery or the Decree passed by a Court cannot shift forward the Date of Default and accordingly the Date of Default cannot be shifted to the Date of Decree – Metenere Global Ltd. Vs. MLC Estates LLP – NCLT Bengaluru Bench Posted by IBC Laws Editoron September 19, 2023September 15, 2023in IBC-Case Laws-NCLT, Newsletter-IBC Case Username Password Remember Me Forgot Password In case you've already logged in, click here to know why you're not able to access this content.
19Sep Claim against additional cost/interest imposed by Commercial Court during the moratorium period cannot be admitted in CIRP – SourcePro Service Vs. Mr. Vinay Mruthyunjaya RP Metrik Infraprojects Pvt. Ltd. – NCLT Bengaluru Bench Posted by IBC Laws Editoron September 19, 2023October 21, 2023in IBC-Case Laws-NCLT, Newsletter-IBC Case Username Password Remember Me Forgot Password In case you've already logged in, click here to know why you're not able to access this content.
15Sep Southern Paradise Stud and Developers Farms Pvt. Ltd. and Embassy Housing Finance and Developments Pvt. Ltd. and Embassy Inn Pvt. Ltd. and Embassy Property Developments Pvt. Ltd. – NCLT Bengaluru Bench Posted by IBC Laws Editoron September 15, 2023October 4, 2023in Companies Act-NCLT Username Password Remember Me Forgot Password In case you've already logged in, click here to know why you're not able to access this content.
