Harshul Sharma

Debt Acknowledged After Expiry of Limitation Period Cannot Initiate the Proceedings Under CIRP: NCLAT

The appellant filed the appeal against the order dated 11th December 2019 passed by National Company Law Tribunal (NCLT), Chennai wherein the adjudicating authority accepted the Insolvency Application u/s 7 of IBC. The appellant here was C.R. Badrinath, and...

Insolvency Resolution Process Appointed Against Anil Ambani by NCLT

In the case of State Bank of India (SBI) vs Anil Dhirajlal Ambani, the National Company Law Tribunal (NCLT), Mumbai decided to appoint an insolvency resolution process in a Rs 1200 crore case filed by SBI. The financial creditor...

Date of Default Will Always Be the Date of Declaration of Account as an NPA: NCLAT

In the case of Jagdish Prasad Sarada vs Allahabad Bank, the Appellant filed an appeal against the Order dated 27th August 2019. This was passed by National Company Law Tribunal (NCLT), Hyderabad wherein the adjudicating authority admitted the...

No Insolvency for Disputes Which Are Not Pre-Existing: NCLAT

In the case of M/s Allied Silica Ltd. vs M/s Tata Chemicals Ltd., the appellant filed the case against the judgment passed by National Company Law Tribunal (NCLT), Mumbai which was pronounced on 15th November 2019. The adjudicating authority, i.e....

Appeal Must Be Filed Within 45 Days of Public Announcement: NCLAT

In the case of Girish Baduni vs Punjab National Bank, an appeal was filed against the order dated 20th September 2019 which was duly passed by National Company Law Tribunal (NCLT), Jaipur. The appeal was filed under section 61 of...

Decree Holder Cannot Initiate CIRP as Financial Creditors: NCLAT

In the case of Sushil Ansal vs Ashok Tripathi & Ors, the National Company Law Appellate Tribunal (NCLAT), New Delhi diluted the interest of decree holders under IBC. The appellate tribunal stated that the decree-holder could not be a...

IBC Cannot Substitute a Recovery Forum: NCLAT

In the case of M/s Kuntal Construction Pvt Ltd vs. M/s Bharat Hotels Ltd, the Appellant filed an appeal against the order dated 30th January 2020 by National Company Law Tribunal, New Delhi. The appeal was filed under Section...

No Insolvency for Disputes Which Are Not Pre-Existing

In the case of M/s Allied Silica Ltd. vs. M/s Tata Chemicals Ltd., the appellant filed the case against the judgment passed by National Company Law Tribunal (NCLT), Mumbai which was pronounced on 15th November 2019. The adjudicating authority...

Insolvency Resolution Passed Against Anil Ambani

In the case of State Bank of India (SBI) vs Anil Dhirajlal Ambani, the National Company Law Tribunal (NCLT), Mumbai decided to appoint an insolvency resolution process in a Rs 1200 crore case filed by SBI. The financial creditor...

Debt Acknowledged After Limitation Period Expiry Cannot Initiate the Proceedings Under CIRP

The appeal was filed by the appellant against the order dated 11th December 2019 passed by National Company Law Tribunal (NCLT), Chennai wherein the adjudicating authority accepted the Insolvency Application u/s 7 of IBC. The appellant here was CR...

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Ed-Tech Companies and the Consumer Protection Act

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Juveniles in Care Homes: A Comparative and Critical Analysis

It was the year 1989 when the entire world was undergoing certain changes and in the backdrop of such changes, the world leaders came...

Call For Papers: Law & Political Review (Annual Journal), Google Scholar Indexed, Submission Open

This post is a Call For Papers post for Law & Political Review which is an Annual Journal by The Law Brigade Publishers. Research Area...

Bombay High Court Passes Order To Clarify and Modify Previous Order When State of Maharashtra Moved Praecipe

Division Bench of Bombay High Court consisting of Justice S. V. Gangapurwala and Justice Shrikant D. Kulkarni had passed an Order on 25th October...

The European Court of Human Rights Orders Germany To Pay Non-Pecuniary Damages for Prison Strip-Searches 

A serving German prisoner was repeatedly stripped searched for non-legitimate purposes. The European Court of Human Rights (ECHR) found that Germany had violated the...