IBC Laws - NCLT Special Bench at New Delhi on 21.9.2021 & 22.9.2021

File No. 10/03/2021-NCLT
National Company Law Tribunal

6th Floor, Block-3,
CGO Complex, Lodhi Road,
New Delhi- 110003
Dated: 20th September 2021

ORDER

There shall be Special Bench at New Delhi on 21.9.2021 & 22.9.2021 to attend matters listed before Hon’ble Shri Abni Ranjan Kumar Sinha, Member (Judicial) and Hon’ble Shri L. N. Gupta, Member (Technical). Hon’ble Shri L. N. Gupta, Member (Technical) is on leave. The Special Bench shall attend the matters through Video Conference. The Special Bench shall comprise of:

Special Bench at NCLT. New Delhi- Court No. II

1. Shri Abni Ranjan Kumar Sinha, Member (Judicial)

2. Shri Kapal Kumar Vohra, Member (Technical)

The Constitution of Bench is as per section 419 (3) of the Companies Act, 2013.

This is in partial modification of Order of even number dated 25.6.2021 for 21.9.2021 & 22.9.2021 only.

This issues with the approval of Hon’ble Acting President, NCLT.

(Shiv Ram Bairwa)
Registrar, NCLT

Copy to:-

1. P.S. to Hon’ble President, National Company Law Tribunal, New Delhi.
2. Hon’ble Members, National Company Law Tribunal.
3. Secretary, National Company Law Tribunal, New Delhi
4. Officers of National Company Law Tribunal, Principal Bench, New Delhi/Kolkata/Mumbai/Chennai/Ahmedabad/Allahabad/Bengaluru/Chandigarh/Guwahati/Hyderabad/Jaipur/Cuttack/Kochi/Amaravati/lndore.
5. PS to Joint Secretary, (Sh. Gyaneshwar Kumar Singh) Ministry of Corporate Affairs, New Delhi.
6. NCLT web site/ Notice Board.
7 . The Institute of Chartered Accountants of India, ITO, New Delhi.
8. The Institute of Company Secretaries of India, ICSI, House22, Institutional Area, Lodhi Road, New Delhi – 110003.
9. The Institute of Cost Accountants of India, CMA Bhawan, 3 Institutional Area, Lodhi Road, New Delhi- 110003
10. Corporate Law Adviser, 158, Basant Enclave, Palam Road, New Delhi-110057.
11. All Bar Councils.

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All Notifications & Circulars

Chapter	Topic	Content
CH-2: General & Definitions
		Short Note on Insolvency and Bankruptcy Code, 2016 (IBC, 2016)
		Dispute and Existence of a Dispute
		Operational Debt and Operational Creditor
		Persons who may initiate Corporate Insolvency Resolution Process(CIRP)
		Analysis provisions of Limitation Act, 1963 with respect to Insolvency and Bankruptcy Code, 2016
CH-3: CIRP
	Topic-1 : CIRP Application & Withdrawal
		Analysis of Minimum amount of default under Section 4 of IBC
		Procedure of filing application by Financial Creditor before NCLT under Section 7 of the IBC
		Procedure of filing application by Operational Creditor before NCLT under Section 8 & 9 of the IBC
		Initiation of CIRP by corporate applicant under Section 10 of the IBC
		Analysis of withdrawal of CIRP proceeding pursuant to settlement under Section 12A of Insolvency and Bankruptcy Code, 2016 (IBC)
	Topic-2 : Declaration of moratorium and public announcement
		Declaration of moratorium and public announcement [Section 13, 14 & 15 of the IBC]
		All about the Moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016 including judicial pronouncements
	Topic-3 : Appointment and tenure of IRP & RP
		Appointment and tenure of Interim Resolution Professional and Resolution Professional [Section 16, 22 & 27 of the IBC]
		Role of an Interim Resolution Professional and Resolution Professional
	Topic-4 : Management of affairs by IRP
	Topic-5 : Receive and collate all the claims submitted by creditors
	Topic-6 : Committee of creditors and meetings
		Constitution of Committee of Creditors under Section 21 of IBC
		Role of Committee of Creditors & It’s Commercial Wisdom
		Analysis of provisions on Authorised Representative under IBC
		Meetings & Voting of the Committee of Creditors under Section 24 of the IBC
	Topic-7 : RP to conduct the CIRP and manage the operations
		Resolution Professional to conduct the CIRP and manage the operations of the Corporate Debtor
		Insolvency Resolution Process Costs & Essential supplies
		To identify preferential transactions under Sec. 43 of the Code in any CIRP, step to be taken by a Resolution Professional
	Topic-8 : CIRP and Resolution Plan
		Information Memorandum, Expression of Interest, Request for Resolution Plans & Resolution Plans
		Role of the prospective resolution applicant
		Persons not eligible to be Resolution Applicant [Sec. 29A of IBC]
		Submission and approval of the Resolution Plan
		Liability for prior offences under Section 32A of the IBC
CH-4 : Liquidation Process
	Topic-1 : Initiation of Liquidation
	Topic-2 : Appointment & Remuneration of Liquidator
		Appointment & Remuneration of Liquidator under Sec. 34 of IBC
		Powers and duties of Liquidator under Sec. 35, 37 of IBC
	Topic-3: Liquidation Estate
	Topic-4: Public announcement, Preliminary report, Early dissolution and Progress reports under Liquidation
	Topic-5: Claims under Liquidation
	Topic-6: Preferential, undervalued and Extortionate Credit Transactions
		Preferential, Undervalued and Extortionate Credit Transactions under Sec. 43, 44, 45, 46, 47, 48, 49, 50, 51 of IBC
		To identify preferential transactions under Sec. 43 of the Code in any CIRP, step to be taken by a Resolution Professional
	Topic-7: Secured Creditor in Liquidation Proceedings
	Topic-8: Realisation of Assets in Liquidation Proceedings
	Topic-9: Proceeds of Liquidation and Distribution of Proceeds
CH-5 : Personal Guarantor
		Chapter VIII Indemnity and Guarantee of Indian Contract Act, 1872
		All about Personal Guarantor under IBC Part-I
		All about Personal Guarantor under IBC Part-II
		Insolvency Resolution Process Regulation
		Bankruptcy Process for PG Regulation
		IRP Application to AA Rules
		Bankruptcy Process Application to AA Rules