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IBC S. 9 – Joint petition – Operational Creditors may file an application to initiate CIRP in an individual capacity or as a joint capacity by the authorized person – However, each must satisfy the pecuniary limit of Rs. 1 crore individually which is essential for maintaining an action under Section 9 of the Code.  [2023 PLRonline 0118 NCLT. Mum.]

by PLRonline
October 24, 2023
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IBC S. 9 – Joint petition – Workmen/employees (Operational Creditors) may file an application to initiate CIRP in an individual capacity or as a joint capacity by the authorized person – However, None of the respective/individual Petitioner’s meet or satisfy the pecuniary limit of Rs. 1 crore individually which is essential for maintaining an action under Section 9 of the Code  – As the claim 19 of 21  of each petitioner was below the threshold limit  – Not maintainable. Suresh Narayan Singh vs. Tayo Rolls Limited (2018 SCC OnLine NCLAT 557), referred.

IBC S. 7, 9 – Phrase in Section 7 is “itself or jointly”, whereas the word jointly or any synonym of it is not finding place in Section 9 of the Code.

Atanu Kumar Chatterjee v. Rolata Defence Technology Systems Private Limited. , 2023 PLRonline 0118 (NCLT Mum.)

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Tags: IBC - Joint applicationIBC - WorkmenIBC S. 9
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CPC O. 1 R. 10 – Necessary and Proper parties – Necessary parties in a suit for specific performance of a contract for sale – Adding a party to a suit under Order 1, Rule 10 CPC is only permissible if the proposed party has a direct and legal interest in the controversy – Plaintiff is the “dominus litus,” meaning the master of the litigation . [PLRonline 213801]

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Speedy justice  – Civil cases –  Directions issued to the trial courts to ensure `speedy justice’ is delivered – Judicial proceedings – Importance of Excellence and Duties in Judiciary. [(2023-3)211 PLR 644 (SC)]

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[SC] Sarfaesi S. 13(4), 14 – Sale certificate stood issued under Sarfaesi prior to declaration of moratorium  in petition filed under Section 9 of the IBC – Properties cannot be treated to be liquidation assets of the CD – IBC , S. 9. [PLRonline 470684]

December 28, 2023
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IBC S. 9 – Operational Creditor not having filed their claims before the RP and the resolution plan having already been approved and CIRP terminated, claims which did not constitute part of the resolution plan stood extinguished. [2023 PLRonline 0125 (NCLAT)]

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IBC S. 7, 9 – Unlike Section 9, there is no scope of raising a ‘dispute’ as far as Section 7 petition is concerned –  As soon as a ‘debt’ and ‘default’ is proved, the adjudicating authority is bound to admit the petition.

September 26, 2022
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MVA – Criminal case  – Acquittal in a criminal case – Effect on claim petition

Speedy justice  - Civil cases -  Directions issued to the trial courts to ensure `speedy justice' is delivered - Judicial proceedings - Importance of Excellence and Duties in Judiciary. [(2023-3)211 PLR 644 (SC)]

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