Title to Immovable Property cannot be Transferred based on Unregistered Instrument: NCLAT [Read Order]
The New Delhi Bench of the National Company Law Appellate Tribunal ( NCLAT ) has ruled that as the property is listed in the corporate debtor's name,...
Application u/s 95 of IBC Can be Filed by Creditor in his Individual Capacity or Jointly through RP: NCLAT [Read Order]
The National Company Law Appellate Tribunal (NCLAT) Bench of has held that Section 95 of Insolvency Bankruptcy Code (IBC), 2016 states that a Section 95 application can be filed by a creditor in his...
CIRP Application cannot be Withdrawn without Application Filed by Applicant who Initiates Section 7 Application: NCLAT
The New Delhi bench of National Company Law Appellate Tribunal ( NCLAT ) in its recent ruling has held that CIRP cannot be withdrawn without application filed by applicant who initiates section 7...
Non Fund-Based Facilities Cannot be Refused by Lenders on Availability of Disbursement Clause in Resolution Plan: NCLAT Dismisses SBI’s Appeal [Read Order]
The New Delhi Bench of the National Company Law Appellate Tribunal ( NCLAT ) while dismissing the State Bank of India’s appeal, has held that Non Fund Based facilities cannot be refused to be...
Secured Creditor Is Liable To Pay Liquidator's Fees Under Rule 21A Of IBC Liquidation Regulations: NCLAT [Read Order]
The New Delhi bench of the National Company Law Appellate Tribunal (NCLAT) has held that the fee of the liquidator has to be paid within 90 days from the liquidation commencement date as provided...
Money Raised out of Optional Convertible Debentures Classifiable as Financial Debt u/s 5(8): NCLAT Dismisses Appeal of IREDA [Read Order]
While dismissing the appeal of Indian Renewable Energy Development Agency Limited(IREDA), the New Delhi bench of the National Company Law Appellate Tribunal (NCLAT) has held that raising money by...
Adverse remarks cannot be passed by Adjudicating Authority against RP for performing his duties Accordance to CoC: NCLAT [Read Order]
In a recent case, the New Delhi bench of National Company Law Appellate Tribunal ( NCLAT ) has held that adverse remarks cannot be passed by the Adjudicating Authority against the RP for performing...
Written Agreement Not Mandatory To Prove Financial Debt When Other Materials On Record are Available: NCLAT [Read Order]
The New Delhi bench of the National Company Law Appellate Tribunal (NCLAT) has ruled that it is not necessary for financial debt to be proved by a written agreement if it can be established from...
