The validity of notice U/s 226 of The Income Tax Act, 1961 cannot be challenged during the liquidation proceedings because as per the provisions of Section 33(5), any proceeding initiated prior to passing of liquidation order can be continued during the liquidation process but no new proceedings can be instituted against the Corporate Debtor – Supriyo Kumar Chaudhuri, Liquidator Vs. Assistant Commissioner of the Income Tax – NCLT Allahabad Bench

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There is no contempt of any order of a Tribunal as much as the CIRP petition u/s 9 of IBC, 2016 is disposed of on account of settlement occurred between parties – Posco -India Pune Processing Center Pvt. Ltd. Vs. Saptasatij Metatech Pvt. Ltd. – NCLT Mumbai Bench

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Without filing an application for restoration of the Corporate Debtor whose name has been struck off by ROC, No CIRP can be initiated – SCI International Securities Ltd. Vs. Brio Academic Infrastructure & Resource Management Pvt. Ltd. – NCLT Mumbai Bench

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Issuance of Demand Notice u/s 8 of IBC after receipt of a summon of civil suit filed by Corporate Debtor against the Operational Creditor, there is a pre-existing dispute between the parties – Jotun India Pvt. Ltd. Vs. Orvis Paints India Pvt. Ltd. – NCLT Chennai Bench

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The judgement and order/ Decree of the DRT and the recovery certificate gave a fresh cause of action to the financial creditor to initiate a petition under section 7 of the IBC – State Bank of India Vs. Sujyot Infrastructure Pvt. Ltd. – NCLT Ahmedabad Bench

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Whether subsequent to initiation of proceedings under the SARFAESI Act, a financial creditor can be precluded from filing an application under Section 7 of the Code – State Bank of India Vs. ITMA Hotels India Pvt. Ltd. – NCLT Kochi Bench

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