Rajratan Babulal Agarwal Vs. Solartex India Pvt. Ltd. & Ors.

Rajratan Babulal Agarwal Vs. Solartex India Pvt. Ltd. & Ors. – Supreme Court

Hon’ble Supreme Court held that the standard with reference to which a case of a pre-existing dispute under the IBC must be employed cannot be equated with even the principle of preponderance of probability which guides a civil court at the stage of finally decreeing a suit. Once this subtle distinction is not overlooked, we would think that the NCLAT has clearly erred in finding that there was no dispute within the meaning of the IBC.

Rajratan Babulal Agarwal Vs. Solartex India Pvt. Ltd. & Ors. – Supreme Court Read Post »

Order was pronounced by NCLT after about five months from the conclusion of arguments which is against the NCLT Rule 150 but cannot be set aside which is otherwise flawless – Rajratan Babulal Agarwal Vs. Solartex India Pvt. Ltd. & Ors. – NCLAT New Delhi

The Ex-Director of the CD has filed this Appeal on the ground of pre-existing dispute and the impugned order is passed in contravention of Rule 152, Rule 150 and Rule 89 of the NCLT Rules 2016.
NCLAT held that it is true that in the present case, the parties have submitted written submissions on 06.01.2020, however, the impugned order was pronounced on 28.05.2020 i.e. after about five months from the conclusion of arguments which is against the aforesaid rule as well as guidelines laid down by the Hon’ble Supreme Court in Anil Rai Vs. State of Bihar (2001) 7 SCC 318. However, only on this count the impugned order cannot be set aside which is otherwise flawless.

Order was pronounced by NCLT after about five months from the conclusion of arguments which is against the NCLT Rule 150 but cannot be set aside which is otherwise flawless – Rajratan Babulal Agarwal Vs. Solartex India Pvt. Ltd. & Ors. – NCLAT New Delhi Read Post »

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