Any amount received during the CIRP when the moratorium is in force, is the asset of the Corporate Debtor and RP has to deal with the same as per the provisions of the Code – Mr. Sudip Bhattacharya RP of Reliance Naval & Engineering Ltd. Vs. UCO Bank – NCLT Ahmedabad Bench

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NCLT imposes a cost under Section 65 of IBC, 2016 amounts to abuse of process of law and to be paid to PM Cares Fund – M/s Cotton Hub through its Proprietor, Mr. Hardik Fakirchand Shah Vs. M/s. Male Square Retail Private Limited – NCLT Ahmedabad Bench

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CIRP proceeding against the Corporate Debtor and as well as Corporate Guarantor can be undertaken under Section 7 of the IBC simultaneously – IFCI Ltd. Vs. Anil Mega Food Park Pvt. Ltd. – NCLT Ahmedabad Bench

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An arbitral order passed post admission of CIRP against the Corporate Debtor is in violation of objective of the Code and is in contravention of moratorium under Section 14 of the Code – Mr. Atul Rajwadkar Vs. HDFC Bank Limited & Ors. – NCLT Mumbai Bench

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The use of phrase ‘any persons’ in section 66(1) suggest that ‘outsiders’ can also be liable for fraudulent trading, as long as they had a dishonest intention of fraudulently carrying on such trade – Mr. Nandkishor Vishnupant Deshpande Vs. Worldwide Online Services Pvt. Ltd. and others – NCLT Mumbai Bench

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The Government dues cannot have precedents over the secured lenders and no recovery action can be taken against the Corporate Debtor during the CIRP period subsequent to initiation of moratorium under Section 14 of the Code – Mr. Nandkishor Vishnupant Deshpande, Resolution Professional Vs. Diamond India Limited – NCLT Mumbai Bench

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A proprietorship concern is not a legal person and it cannot authorise any person, moreover the application is filed by a proprietorship concern, the proprietorship concern cannot sue and be sued unless it is represented by a proprietor – M/s. Shri Shakti Dyeing Works Vs. M/s. Berawala Textiles Private Limited – NCLT Ahmedabad Bench

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Mere filling of Expression of Interest does not create any right over the proposed Resolution Applicant, so as to prevail over the commercial wisdom of CoC – M/s Aaryavart Infrastructure Private Limited Vs. Shri Parthiv Parikh RP of M/s. M. V. Omni Projects (India) Limited & Ors – NCLT Ahmedabad Bench

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Whether an Advocate/CA/ Company Secretary of Corporate Debtor can be permitted to attend the CoC meeting of the Corporate Debtor and whether the Respondent/Resolution Professional has to provide the copies of all the documents in connection with the CIRP? – M/s Propyl Packaging Limited Vs. Mr.George Varkey, Resolution Professional of Propyl Packaging Limited – NCLT Kochi Bench

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Unpaid instalment as per the settlement agreement cannot be treated as operational debt as per section 5(21) of Code, The failure or breach of settlement agreement cannot be a ground to trigger CIRP against Corporate Debtor – M/s Omega Elevators Vs. Prajay Properties Private Limited – NCLT Hyderabad Bench

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