05Jun In order to club other charges such as interest, legal charges, balance cost of amortization and/or notice period rent with principal amount to meet threshold limit u/s 4 of IBC express stipulation has to be incorporated specifically in the agreement, the purchase order or the invoice and in the absence of the same, neither interest nor any other charges can be clubbed with the principal amount – North West Carrying Company, LLP Vs. Metro Cash and Carry India Pvt. Ltd. – NCLT Bengaluru Bench Posted by IBC Laws Editoron June 5, 2023June 4, 2023in IBC-Case Laws-NCLT, Newsletter-IBC Case Username Password Remember Me Forgot Password In case you've already logged in, click here to know why you're not able to access this content.
05Jun Filing of a claim under a wrong category cannot be a substantial ground for condoning the delay – Mr. Toral Rathod Vs. Mr. Gopalsamy Ganesh Babu (RP of Milan Textile Enterprises Pvt. Ltd.) – NCLAT Chennai Posted by IBC Laws Editoron June 5, 2023June 3, 2023in IBC-Case Laws-NCLAT, Newsletter-IBC Case Username Password Remember Me Forgot Password In case you've already logged in, click here to know why you're not able to access this content.
05Jun A Recovery Agent cannot intercept a vehicle on way and direct the passengers to come down and leave the vehicle, unless they obtain appropriate order in accordance with law, SARFAESI Act, 2002 is a complete code – Dhananjay Seth Vs. The Union of India – Patna High Court Posted by IBC Laws Editoron June 5, 2023June 5, 2023in Case Laws-SARFAESI-High Courts, Newsletter-IBC Case Username Password Remember Me Forgot Password In case you've already logged in, click here to know why you're not able to access this content.
05Jun There should be a direct disbursal of the amount owed, Financial Creditor to the Corporate Debtor for the amount to be construed as a ‘Financial Debt’, the transaction should be a direct transaction between the Financial Creditor and the Corporate Debtor – M/s. Actioncor Consultants Pvt. Ltd. Vs. M/s. Viprah Technologies Ltd. – NCLAT Chennai Posted by IBC Laws Editoron June 5, 2023June 3, 2023in IBC-Case Laws-NCLAT, Newsletter-IBC Case Username Password Remember Me Forgot Password In case you've already logged in, click here to know why you're not able to access this content.
01Jun Whether service of Demand Notice u/s 8 of IBC to official email id of Corporate Debtor available on MCA portal which is not the email address of Whole-Time Director/Key Managerial Personnel is valid or not? – DHL Supply Chain India Pvt. Ltd. Vs. Eicher Motors Ltd. – NCLT New Delhi Bench Court-II Posted by IBC Laws Editoron June 1, 2023June 1, 2023in IBC-Case Laws-NCLT, Newsletter-IBC Case Username Password Remember Me Forgot Password In case you've already logged in, click here to know why you're not able to access this content.
01Jun The proviso to Section 31(1) of IBC does not allow the NCLT to approve a Conditional Resolution Plan – Balady Shekar Shetty RP for Avvas Infotech Pvt. Ltd. – NCLT Bengaluru Bench Posted by IBC Laws Editoron June 1, 2023June 1, 2023in IBC-Case Laws-NCLT, Newsletter-IBC Case Username Password Remember Me Forgot Password In case you've already logged in, click here to know why you're not able to access this content.
01Jun The trigger point of Section 29A of IBC is the date when Resolution Plan was actually submitted by Resolution Applicant to CoC – Navayuga Engineering Company Ltd. Vs. Mr. Umesh Garg, RP of Athena Demwe Power Ltd. – NCLT New Delhi Bench Court-II Posted by IBC Laws Editoron June 1, 2023June 1, 2023in IBC-Case Laws-NCLT, Newsletter-IBC Case Username Password Remember Me Forgot Password In case you've already logged in, click here to know why you're not able to access this content.
29May Whether copy of Resolution Plan, which has been approved by the CoC but awaits the approval of Adjudicating authority, can be given to a party who is neither a Claimant nor a Creditor or a participant? – Rupinder Singh Gill Vs. Three C Universal Developers Pvt. Ltd. Through RP Rakesh Kumar Gupta – NCLAT New Delhi Posted by IBC Laws Editoron May 29, 2023May 28, 2023in IBC-Case Laws-NCLAT, Newsletter-IBC Case Username Password Remember Me Forgot Password In case you've already logged in, click here to know why you're not able to access this content.
29May 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 Posted by IBC Laws Editoron May 29, 2023May 28, 2023in IBC-Case Laws-NCLAT, Newsletter-IBC Case Username Password Remember Me Forgot Password In case you've already logged in, click here to know why you're not able to access this content.
29May The delay caused by the Operational Creditor in presenting the cheque for collection cannot be exempted from computation of period of limitation – Jindal Stainless Ltd. Vs. Zenith Strips Ltd. – NCLT Mumbai Bench Posted by IBC Laws Editoron May 29, 2023May 28, 2023in IBC-Case Laws-NCLT, Newsletter-IBC Case Username Password Remember Me Forgot Password In case you've already logged in, click here to know why you're not able to access this content.
