Justice Arun Mishra

Whether spectrum can be subjected to proceedings under the Code? and other various questions should first be considered by the NCLT – Union of India Vs. Association of Unified Telecom Service Providers of India Etc. – SC

/ 76 minutes of reading

The following three questions arise for consideration:
(1) Whether spectrum can be subjected to proceedings under the Code?

(2) In the case of sharing, how the payment is to be made by the Telecom Service Provider (for short, ‘TSP’)? and

(3) In the case of trading, how the liability of the seller and buyer is to be determined?

Whether spectrum can be subjected to proceedings under the Code? and other various questions should first be considered by the NCLT – Union of India Vs. Association of Unified Telecom Service Providers of India Etc. – SC Read Post »

A personal Loan to a Promoter or a Director of a company cannot trigger the CIRP under the IBC – M/S Radha Exports (India) Pvt. Limited Vs. K.P. Jayaram & Anr. – SC

/ 36 minutes of reading

the Court held that A personal Loan to a Promoter or a Director of a company cannot trigger the CIRP under the IBC. Disputes as to whether the signatures of the Respondents are forged or whether records have been fabricated can be adjudicated upon evidence including forensic evidence in a regular suit and not in proceedings under Section 7 of the IBC. The payment received for shares, duly issued to a third party at the request of the payee as evident from official records, cannot be a debt, not to speak of financial debt. Shares of a company are transferable subject to restrictions, if any, in its Articles of Association and attract dividend when the company makes profits.

A personal Loan to a Promoter or a Director of a company cannot trigger the CIRP under the IBC – M/S Radha Exports (India) Pvt. Limited Vs. K.P. Jayaram & Anr. – SC Read Post »

State Bank Of India Vs. M/S Metenere Ltd. – SC

/ 2 minutes of reading

Supreme Court held that the order passed by NCLAT in the matter whether an ex-employee of the Financial Creditor having rendered services in the past, should not be permitted to act as IRP at the instance of such Financial Creditor, regard being had to the nature of duties to be performed by the IRP & RP does not reflect the correct approach, the same shall not be treated as a precedent

State Bank Of India Vs. M/S Metenere Ltd. – SC Read Post »

Scroll to Top