Tag: insolvency
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 ...
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 ...
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 ...
Satish Chander Ahuja v. Sneha Ahuja, 2021 PLRonline 9094 (SC)
SUPREME COURT OF INDIA (Ashok Bhushan, R. Subhash Reddy and M.R. Shah, JJ.) SATISH CHANDER AHUJA - Appellant v. SNEHA ...
Madras Bar Association v. Union Of India, 2021 PLRonline 9093
Supreme Court Of India L. Nageswara Rao, Hemant Gupta, S. Ravindra Bhat, JJ. Madras Bar Association v. Union Of India ...
Ganesh Trading Co v. Moji Ram, 1978 PLRonline 0101
PLR PLRonline . 1978 PLRonline 0101 SUPREME COURT (M. H. BEG,C.J.I. and D. A. DESAI,J.) M/s. Ganesh Trading Co v. ...
Partenership firm – Dissolution – Effect of dissolution is not to render the firm non-existent – It continues to exist for all purposes necessary for its winding up – One of these is of course the recovery of moneys due to it by suit or otherwise – CPC O. 30 R. 1
Vivian Bose, J., Said (at p. 315): "It is argued on behalf of the defendants that O. 30, R. 1, ...
Judgment in rem
Judgment in rem - Like judgments passed in Probate, insolvency, matrimonial or guardianship or other similar proceedings, is admissible in ...
