18/07/2018

Whether the gratuity amount lying in the ‘Gratuity Trust Fund’ can be treated to be asset of the Corporate Debtor- Somesh Bagchi & Ors. Vs. Nicco Corporation Ltd., through Liquidator – NCLAT

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Whether the gratuity amount lying in the ‘Gratuity Trust Fund’ can be treated to be asset of the Corporate Debtor- Somesh Bagchi & Ors. Vs. Nicco Corporation Ltd., through Liquidator – NCLAT Read Post »

Time has been taken for deciding the matter before Appellate Tribunal as also the Resolution Professional & the Adjudicating Authority, exclude for the purpose of counting the total period of 270 days- James Warren Tea Ltd. Vs. CA Kannan Tiruvengadam, R. P. of Assam Company India Ltd.- NCLAT

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Time has been taken for deciding the matter before Appellate Tribunal as also the Resolution Professional & the Adjudicating Authority, exclude for the purpose of counting the total period of 270 days- James Warren Tea Ltd. Vs. CA Kannan Tiruvengadam, R. P. of Assam Company India Ltd.- NCLAT Read Post »

Adjudicating Authority while dealing with such application u/s 7 is required to ascertain the ‘existence of a default’ from the records of the information utility or on the basis of evidence furnished by financial creditor- K. Kesava Vs. Ajay Gopaldas Samat (HUF) & Ors – NCLAT

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Adjudicating Authority while dealing with such application u/s 7 is required to ascertain the ‘existence of a default’ from the records of the information utility or on the basis of evidence furnished by financial creditor- K. Kesava Vs. Ajay Gopaldas Samat (HUF) & Ors – NCLAT Read Post »

If the Tribunal passes order in the capacity of ‘judicial authority’ under Section 45 of the Arbitration Act, 1996, the appeal will not lie under Section 421 of the Companies Act but before an appropriate forum – Thota Gurunath Reddy & Ors. Vs. Continental Hospitals Pvt. Ltd. & Ors. – NCLAT New Delhi

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If the Tribunal passes order in the capacity of ‘judicial authority’ under Section 45 of the Arbitration Act, 1996, the appeal will not lie under Section 421 of the Companies Act but before an appropriate forum – Thota Gurunath Reddy & Ors. Vs. Continental Hospitals Pvt. Ltd. & Ors. – NCLAT New Delhi Read Post »

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