Whether CIRP can be initiated solely on the basis of the amount of interest when the entire principal amount of debt has been paid by the Corporate Debtor during the pendency of CIRP application? – M/s. Rashtriya Polymers & Solvents Vs. M/s. Kanodia Technoplast Ltd. – NCLT New Delhi Bench Court-IV

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If a specific procedure has been provided under Section 248 of the Companies Act, 2013 for taking a decision in special exigency for striking off the name of the company taking lenient view in passing restoration of the name of the company may amount to render a statutory provision i.e. Section 248 of the Act redundant without any plausible explanation – Anjali Bhardwaj Vs. Office of Registrar of Companies – NCLAT New Delhi

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The mere fact that CIRP has triggered and Moratorium has been imposed does not absolved the Corporate Debtor to pay for premises and facilities which is being enjoyed by the Corporate Debtor during the CIRP period – Mack Star Marketing Pvt. Ltd Vs. Ashish Chawchharia RP of Jet Airways (India) Pvt. Ltd. – NCLAT New Delhi

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The remuneration payable to the liquidator which in the light of the recommendation of the CoC with the requisite percentage brings it within the ambit of Regulation 39D & it is immaterial which provision of the IBC squarely governs the passage of order of liquidation – Narinder Bhushan Aggarwal Vs. M/s. Little Bee International Pvt. Ltd & Anr. – NCLAT New Delhi

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The adjudication initiated by the Appellant(Employee) before Bombay High Court wherein adjudication is sought in regard to Foreign Decree obtained ex-parte falls within the purview of a pre-existing dispute placing an embargo on the powers of Adjudicating Authority to initiate CIRP – Peter Johnson John (Employee) Vs. M/s KEC International Limited – NCLAT New Delhi

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