16/12/2024

Can WhatsApp conversations between parties be used as evidence to establish a dispute under Section 9 of the IBC? – Straw Commodities LLP Vs. Anram Agro Trading Pvt. Ltd. – NCLAT New Delhi

/ 11 minutes of reading

The Hon’ble NCLAT held that once there is no dispute that there has been conversation between the Parties, even on WhatsApp which is a common mode of communication these days, it does not lie in the mouth of the Appellant to contradict the same on the basis of the Judgment in the case of Kashyap lnfraprojects Pvt. Ltd. v. Hi-Tech Sweet Water Technologies Pvt. Ltd. (2024) ibclaw.in 787 NCLAT.

Can WhatsApp conversations between parties be used as evidence to establish a dispute under Section 9 of the IBC? – Straw Commodities LLP Vs. Anram Agro Trading Pvt. Ltd. – NCLAT New Delhi Read Post »

Whether a notice issued under sections 13(2) and 13(4) of the SARFAESI Act, 2022 can be treated as an invocation of guarantee for the purpose of Section 95 of the IBC? – State Bank of India Vs. Amit Ranjan Mukherjee – NCLT Kolkata Bench

/ 4 minutes of reading

Hon’ble NCLT Kolkata Bench held that:

(i) The criteria for examining the date of default for the purpose of limitation for the Corporate Debtor and Personal Guarantor are not the same.
(ii) The date when guarantee is invoked by the Creditor is the date of commencement of period of Limitation for filing Application under Section 95 of IBC, 2016.
(iii) The Date of Default will be the date on which the guarantee was invoked.

Whether a notice issued under sections 13(2) and 13(4) of the SARFAESI Act, 2022 can be treated as an invocation of guarantee for the purpose of Section 95 of the IBC? – State Bank of India Vs. Amit Ranjan Mukherjee – NCLT Kolkata Bench Read Post »

Can Financers maintain the application under Section 7 of the IBC in invoice/ bill discounting cases – Varun Gupta Vs. ISINOX Pvt. Ltd. Through the IRP Mr. Manishkumar R. Patel and Ors. – NCLAT New Delhi

/ 9 minutes of reading

Hon’ble NCLAT referring Minions Ventures Pvt. Ltd. Vs. TDT Copper Ltd. (2023) ibclaw.in 209 NCLAT held that the case would not be covered by Section 5(8)(e) of IBC rather it shall be covered by Section 5(20) and 5(21) of the Code and hence the application filed under Section 7 is not maintainable.

Can Financers maintain the application under Section 7 of the IBC in invoice/ bill discounting cases – Varun Gupta Vs. ISINOX Pvt. Ltd. Through the IRP Mr. Manishkumar R. Patel and Ors. – NCLAT New Delhi Read Post »

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