The Financial Creditor gets rights for filing an application under Section 7 of the IBC when the right to apply against default accrues and for every default there is a fresh period of limitation – Indiabulls Housing Finance Ltd. Vs. Revital Realty Pvt. Ltd. – NCLAT New Delhi

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In case arbitrator is ineligible by virtue of Section 12(5) of the Arbitration Act, then procedure prescribed under Sections 12, 13 and 14 are not applicable being void ab initio – Om Sai RK Constructions Pvt. Ltd. Vs. Forsight Infractech Pvt. Ltd. – Madhya Pradesh High Court

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Suspended BoD can raise their objection before the CoC before approval of the Resolution Plan and in case of after approval, raise before the Adjudicating Authority at the stage of consideration of the Resolution Plan – Sandeep Sharma & Anr. Vs. Sunil Kumar Jain, Resolution Professional (RP) & Ors. – NCLAT New Delhi

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Whether the Adjudicating Authority which is NCLT having dual jurisdiction under the Companies Act, 2013 and the IBC, 2016 can direct the Central Government to refer the matter to the Serious Fraud Investigation Office(SFIO) for further investigation into the affairs of the Corporate Debtor etc. basing it on the Forensic Audit Report – Mr. M. Srinivas Vs. Smt. Ramanathan Bhuvaneshwari RP, M/s Bhuvana Infra Projects Private Limited – NCLAT New Delhi

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