04/11/2024

Kairav Anil Trivedi Vs. Insolvency and Bankruptcy Board of India (IBBI) and Ors. – Supreme Court

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The Hon’ble Supreme Court denies to issue notice on SLP challenging order of Bombay High Court wherein, it was held that suspension of authorisation for assignment (AFA) pending consideration of show cause notices issued under Section 219 of IBC is not contrary to law, in view of the peculiar facts of the present case and dismisses the SLP.

Kairav Anil Trivedi Vs. Insolvency and Bankruptcy Board of India (IBBI) and Ors. – Supreme Court Read Post »

A litigant is not to be made to suffer on account of, a counsel’s mistake – Dr. Shobha Fakkirappa Sungar Vs. Balaji Neurocare Health Services Pvt. Ltd. and Ors. – NCLAT Chennai

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A litigant is not to be made to suffer on account of, a counsel’s mistake – Dr. Shobha Fakkirappa Sungar Vs. Balaji Neurocare Health Services Pvt. Ltd. and Ors. – NCLAT Chennai Read Post »

The date of default in case of Personal Guarantor can be different for Corporate Debtor | Liability of a Personal Guarantor would be taken to be effective from the service of notice Form B under Rule 7(1) – UCO Bank Vs. Mr. Akhilesh Pandey – NCLT Kolkata Bench

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The date of default in case of Personal Guarantor can be different for Corporate Debtor | Liability of a Personal Guarantor would be taken to be effective from the service of notice Form B under Rule 7(1) – UCO Bank Vs. Mr. Akhilesh Pandey – NCLT Kolkata Bench Read Post »

Invoices containing the term of interest cannot be operated against the Corporate Debtor unless there is an agreement for interest or any other document showing that the Corporate Debtor has accepted the obligation for interest – Rishabh Infra Through Hari Mohan Gupta Vs. Sadbhav Engineering Ltd. – NCLAT New Delhi

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Hon’ble NCLAT held that the entire Principal Amount having been paid, the Adjudicating Authority did not commit any error in rejecting the Section 9 Application filed by the Operational Creditor. Invoices which have been sent by the Operational Creditor containing the term of interest cannot be operated against the Corporate Debtor unless there is an agreement for interest or any other document showing that the Corporate Debtor has accepted the obligation for interest.

Invoices containing the term of interest cannot be operated against the Corporate Debtor unless there is an agreement for interest or any other document showing that the Corporate Debtor has accepted the obligation for interest – Rishabh Infra Through Hari Mohan Gupta Vs. Sadbhav Engineering Ltd. – NCLAT New Delhi Read Post »

An intervenor before the NCLT who did not challenge the NCLT order while approving the Resolution Plan cannot challenge the NCLAT order upholding the NCLT’s decision – Manoj Kumar Singh Vs. Value Infracon India Pvt. Ltd. and Ors. – Supreme Court

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An intervenor before the NCLT who did not challenge the NCLT order while approving the Resolution Plan cannot challenge the NCLAT order upholding the NCLT’s decision – Manoj Kumar Singh Vs. Value Infracon India Pvt. Ltd. and Ors. – Supreme Court Read Post »

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