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Tag: IBC S. 9

[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]

Sarfaesi S. 13(4), 14 - Sale of property under Sarfaesi prior to declaration of moratorium in petition filed under Section ...

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)]

2023 PLRonline 0125 (NCLAT) National Company Law Appellate Tribunal Chairperson, Member (Technical) Bharat Pipe Fitting Co. ...

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 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.]

IBC S. 9 - Joint petition - Workmen/employees (Operational Creditors) may file an application to initiate CIRP in an individual ...

Cr.P.C. First Schedule , Part-II – Where the offence is punishable for imprisonment for three years, the offence shall be cognizable and non-bailable.

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.

Insolvency and Bankruptcy Code, 2016, S. 7 , 9 - Unlike Section 9, there is no scope of raising a ...

NIA S. 138 – Before summoning Magistrate is expected to examine the nature of allegations and proceed with proper application of mind – Strict compliance.

[SC – 29.3.22] Limitation Act 1963 S.18 – IBC S. 8, S.9 – Affect of cheques issued alongwith a covering letter – Failure of the NCLAT as the first appellate authority to look into a very vital aspect vitiates its order. 2022 SCeJ 0416, 2022 PLRonline 1794

LogIn with SUPREME COURT e@JOURNAL subscription for full text / Download Limitation Act 1963 S.18 - Insolvency and Bankruptcy Code ...

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Tag: IBC S. 9

[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]

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)]

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

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.

[SC – 29.3.22] Limitation Act 1963 S.18 – IBC S. 8, S.9 – Affect of cheques issued alongwith a covering letter – Failure of the NCLAT as the first appellate authority to look into a very vital aspect vitiates its order. 2022 SCeJ 0416, 2022 PLRonline 1794

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Tag: IBC S. 9

[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]

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)]

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

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.

[SC – 29.3.22] Limitation Act 1963 S.18 – IBC S. 8, S.9 – Affect of cheques issued alongwith a covering letter – Failure of the NCLAT as the first appellate authority to look into a very vital aspect vitiates its order. 2022 SCeJ 0416, 2022 PLRonline 1794

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