IBC Archives - PLRonline.in

(i) Insolvency and Banking Code, 2016 Section 5(7) – Security De-posits - Amounts covered by security deposits under the agreements ...

IBC S. 9 – Settlement entered into between parties- Does not fall within the ambit of an operational debt. [2023 PLRonline 9004 (NCLT)]

PLR PLRonline . 2023 PLRonline 9004 (NCLT) . NATIONAL COMPANY LAW TRIBUNAL , NEW DELHI Before: Shri Mahendra Khandelwal, Member ...

[IBC] Government dues – Belated claims – The emphasis under the Code is for time bound process rather than payment of belated Government dues – Applications dismissed – Resolution Professional to consider Government dues if appearing in the books of account of the Corporate Debtor. 2023 PLRonline 0114 (NCLT Mum.)

Government dues - Belated claims - Object of the Code which interalia aims for insolvency resolution of the corporate debtor ...

Limitation Act S. 5 – Merely because sufficient cause has been shown, a party is not entitled to the condonation of delay in question as a matter of right if sufficient cause is not proven – Commercial Courts Act 2015

IBC – CIRP – STAYED by P&H High Court | Counsel for the Financial Creditor was also the counsel for the RP | RP did not secure 66% votes u/s 22 IBC, and subsequently approached the FCs for increasing his vote share | Appointment per-se was not as per the statutory provisions and would go to the root of the matter. [PLRonline.in]

CIRP proceedings / Resolution Plan stayed by PUNJAB AND HARYANA High Court | Counsel for the Financial Creditor was also ...

IBC S. 22 – Decision in regard to appointment of IRP as RP or replacement of IRP is a decision based on commercial wisdom of CoC which is not amenable to judicial review

2020 PLRonline 5206 (NCLAT) NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI Acting Chairperson [Justice Anant Bijay ...

Rent – Fair rent – Provisional tent – Refund – Rent Controller can direct a refund if it finally finds amount found deposited to be in excess.

Banking – Auction – Mortgage – Receiver has responsibility to maintain the property in good condition and prevent its deterioration – Creditor cannot later claim that the property lost value while in their custody, will be accountable for any loss in property value.

While the attempt of the banks and financial institutions to minimize their losses makes good business sense, there cannot be ...

Look Out circular – Banking – From quantum of loss caused to a banker, it cannot be presumed that there was a fraud committed by the borrower/guarantor, moreso when no criminal case alleging fraud has even been filed. PLRonline 414654

Poonam Paul v. Union of India, 2022 PLRonline 0498 ; ((2023-1)209 PLR 403 (SN)) Look Out circular - Banking - ...

NIA S. 138 – Order of moratorium passed under the IB Code 2016 – Post dated cheques presented – No Liability

NIA S. 138 - Order of moratorium passed under the IB Code 2016 and Resolution professional appointed - Prior to ...

IPC, S. 84 – Where Exception under Sec.84 is claimed

IBC – An Adjudicating Authority under the IBC is not a substitute forum for a collection of debt

Insolvency and Banking Code, 2016 (31 of 2016) – Object of - An Adjudicating Authority under the IBC is not ...

IBC – After the CIRP is initiated, all actions including any action under the SARFAESI Act to foreclose, recover or enforce any security interest are prohibited – Moratorium

IBC - Sarfaesi Act Section 13 - After the CIRP is initiated, there is moratorium for any action to foreclose, ...

Limitation Act, 1963 (36 of 1963), S. 14(2) – Expression ‘Court’ – Keeping in mind the scope and ambit of proceedings under the IBC before the NCLT/NCLAT, the expression ‘Court’ in Section 14(2) would be deemed to be any forum for a civil proceeding including any Tribunal or any forum under the SARFAESI Act.

Limitation Act, 1963 (36 of 1963), Section 14(2) - Expression ‘Court’ - Keeping in mind the scope and ambit of ...

Constitution of India , Article 226 – ‘error of jurisdiction’ – Discretionary exercise of jurisdiction by the High Courts under Article 226(1) when the contention could be raised and decided by the Tribunal having exclusive jurisdiction

Constitution of India , Article 226 - ‘error of jurisdiction’ - Discretionary exercise of jurisdiction by the High Courts ...

IBC – Application of the force majeure clause would require an incisive judicial enquiry not possible in a summary proceeding

IBC – Is 90 day period under CIRP Regulation 12(2) for filing claim directory

Whether the 90 day period under CIRP Regulation 12(2) a mandatory timeline for filing claim which had to be adhered ...

IBC – Application of the force majeure clause would require an incisive judicial enquiry not possible in a summary proceeding

Detailed appraisal of the terms and conditions of the lease and their ramifications including application of the force majeure clause ...

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