Harshul Sharma
The Courtroom
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...
The Courtroom
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...
The Courtroom
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...
The Courtroom
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....
The Courtroom
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...
The Courtroom
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...
The Courtroom
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...
The Courtroom
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...
The Courtroom
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...
The Courtroom
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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