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IBC Laws monthly Case Laws Compilation

Posted by IBC Lawson March 14, 2020April 30, 2020in Articles, IBC NewsLeave a comment

Download monthly case laws compilation with case citation in PDF.

Dr. Navrang Saini, Whole Time Member, IBBI is given additional charge as Chairperson, IBBI – Press Release

Posted by IBC Lawson October 14, 2021October 14, 2021in IBC News

Insolvency and Bankruptcy Board of IndiaNo. IBBI/PR/2021/2613th October, 2021Press ReleaseDr. Navrang Saini, Whole Time Member, IBBI is given additional charge as Chairperson, IBBI The Central Government today assigned additional charge of Chairperson, Insolvency and Bankruptcy Board of India (IBBI) to…

Claim based on an agreement where the Petitioner has appointed the Respondent as a “Contractor” to collect toll tax from commercial vehicles is not covered under Operational Debt – South Delhi Municipal Corporation Vs. MEP Infrastructure Developers Ltd. – NCLT Mumbai Bench

Posted by IBC Laws Editoron October 11, 2021October 12, 2021in IBC-NCLT, Newsletter-IBC Case

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Matters listed on 20.10.2021, 21.10.2021 and 22.10.2021 in the Court-II of NCLAT New Delhi will not be taken up – Notice dated 11.10.2021

Posted by IBC Laws Editoron October 11, 2021October 11, 2021in IBC News

Please take notice that the matters listed on 20.10.2021, 21.10.2021 and 22.10.2021 in the Court-II will not be taken up. The next date of Hearing will be notified later.

The Petitioner has absolute rights in the mortgaged property and cannot initiate any action under section 7 upon non-payment of dues under the Debenture Trust Deed – Beacon Trusteeship Ltd. Vs. Neptune Ventures and Developers Pvt. Ltd. – NCLT Mumbai Bench

Posted by IBC Laws Editoron October 11, 2021October 12, 2021in IBC-NCLT

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Shri Rizwan Khaleel Vs. Spicejet Ltd. – NCLT New Delhi Bench Court-V

Posted by IBC Laws Editoron October 11, 2021October 11, 2021in IBC-NCLT, Newsletter-IBC Case

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The GST amount is an amount of tax levied under the assessment order as per the GST Act, 2017, claim of the GST Department cannot be edited or reduced by the Resolution Professional – Bijoy Prabhakaran Pulipra RP PVS Memorial Hospital Pvt. Ltd. Vs. State Tax Officer (Works Contract) SGST Department, Kerala State – NCLAT Chennai

Posted by IBC Laws Editoron October 10, 2021October 10, 2021in IBC-NCLAT, Newsletter-IBC Case

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Re-constitution of Benches due to transfer of existing members and postings of newly appointed Members – NCLT Order dated 10.10.2021

Posted by IBC Laws Editoron October 10, 2021October 10, 2021in IBC News, Notifications & Circulars-Main

Re-constitution of Benches due to transfer of existing members and postings of newly appointed Members Click here Reconstitution of Benches at All NCLT station order dated 10.10.2021Download

Transfer of Member of NCLT – Office Order dated 10.10.2021

Posted by IBC Laws Editoron October 10, 2021October 10, 2021in IBC News, Notifications & Circulars-Main

Transfer of Member of NCLT Download Order-1 Transfer order dated 10.10.2021- Acting President of NCLTDownload Download Order-2 Transfer order of Members of NCLT- dated 10.10.2021Download

Whether Security Deposit and the interest thereon would fall within the ambit of the definition of Financial Debt as defined under Section 5(8)(f) of the Code – Sach Marketing Pvt. Ltd. Vs. RP of Mount Shivalik Industries Ltd., Ms. Pratibha Khandelwal – NCLAT New Delhi

Posted by IBC Laws Editoron October 9, 2021October 11, 2021in IBC-NCLAT, Newsletter-IBC Case

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Reserve Bank of India Vs. Srei Infrastructure Finance Ltd. – NCLT Kolkata Bench

Posted by IBC Laws Editoron October 9, 2021October 10, 2021in IBC-NCLT, Newsletter-IBC Case

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Chapter	Topic	Content
CH-2: General & Definitions
		Short Note on Insolvency and Bankruptcy Code, 2016 (IBC, 2016)
		Dispute and Existence of a Dispute
		Operational Debt and Operational Creditor
		Persons who may initiate Corporate Insolvency Resolution Process(CIRP)
		Analysis provisions of Limitation Act, 1963 with respect to Insolvency and Bankruptcy Code, 2016
CH-3: CIRP
	Topic-1 : CIRP Application & Withdrawal
		Analysis of Minimum amount of default under Section 4 of IBC
		Procedure of filing application by Financial Creditor before NCLT under Section 7 of the IBC
		Procedure of filing application by Operational Creditor before NCLT under Section 8 & 9 of the IBC
		Initiation of CIRP by corporate applicant under Section 10 of the IBC
		Analysis of withdrawal of CIRP proceeding pursuant to settlement under Section 12A of Insolvency and Bankruptcy Code, 2016 (IBC)
	Topic-2 : Declaration of moratorium and public announcement
		Declaration of moratorium and public announcement [Section 13, 14 & 15 of the IBC]
		All about the Moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016 including judicial pronouncements
	Topic-3 : Appointment and tenure of IRP & RP
		Appointment and tenure of Interim Resolution Professional and Resolution Professional [Section 16, 22 & 27 of the IBC]
		Role of an Interim Resolution Professional and Resolution Professional
	Topic-4 : Management of affairs by IRP
	Topic-5 : Receive and collate all the claims submitted by creditors
	Topic-6 : Committee of creditors and meetings
		Constitution of Committee of Creditors under Section 21 of IBC
		Role of Committee of Creditors & It’s Commercial Wisdom
		Analysis of provisions on Authorised Representative under IBC
		Meetings & Voting of the Committee of Creditors under Section 24 of the IBC
	Topic-7 : RP to conduct the CIRP and manage the operations
		Resolution Professional to conduct the CIRP and manage the operations of the Corporate Debtor
		Insolvency Resolution Process Costs & Essential supplies
		To identify preferential transactions under Sec. 43 of the Code in any CIRP, step to be taken by a Resolution Professional
	Topic-8 : CIRP and Resolution Plan
		Information Memorandum, Expression of Interest, Request for Resolution Plans & Resolution Plans
		Role of the prospective resolution applicant
		Persons not eligible to be Resolution Applicant [Sec. 29A of IBC]
		Submission and approval of the Resolution Plan
		Liability for prior offences under Section 32A of the IBC
CH-4 : Liquidation Process
	Topic-1 : Initiation of Liquidation
	Topic-2 : Appointment & Remuneration of Liquidator
		Appointment & Remuneration of Liquidator under Sec. 34 of IBC
		Powers and duties of Liquidator under Sec. 35, 37 of IBC
	Topic-3: Liquidation Estate
	Topic-4: Public announcement, Preliminary report, Early dissolution and Progress reports under Liquidation
	Topic-5: Claims under Liquidation
	Topic-6: Preferential, undervalued and Extortionate Credit Transactions
		Preferential, Undervalued and Extortionate Credit Transactions under Sec. 43, 44, 45, 46, 47, 48, 49, 50, 51 of IBC
		To identify preferential transactions under Sec. 43 of the Code in any CIRP, step to be taken by a Resolution Professional
	Topic-7: Secured Creditor in Liquidation Proceedings
	Topic-8: Realisation of Assets in Liquidation Proceedings
	Topic-9: Proceeds of Liquidation and Distribution of Proceeds
CH-5 : Personal Guarantor
		Chapter VIII Indemnity and Guarantee of Indian Contract Act, 1872
		All about Personal Guarantor under IBC Part-I
		All about Personal Guarantor under IBC Part-II
		Insolvency Resolution Process Regulation
		Bankruptcy Process for PG Regulation
		IRP Application to AA Rules
		Bankruptcy Process Application to AA Rules

IBC Laws monthly Case Laws Compilation

Dr. Navrang Saini, Whole Time Member, IBBI is given additional charge as Chairperson, IBBI – Press Release

Matters listed on 20.10.2021, 21.10.2021 and 22.10.2021 in the Court-II of NCLAT New Delhi will not be taken up – Notice dated 11.10.2021

The Petitioner has absolute rights in the mortgaged property and cannot initiate any action under section 7 upon non-payment of dues under the Debenture Trust Deed – Beacon Trusteeship Ltd. Vs. Neptune Ventures and Developers Pvt. Ltd. – NCLT Mumbai Bench

Re-constitution of Benches due to transfer of existing members and postings of newly appointed Members – NCLT Order dated 10.10.2021

Transfer of Member of NCLT – Office Order dated 10.10.2021

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