Benefit of S. 32A of IBC to Lift ED’s Attachment Allowable to Successful Resolution Applicant: NCLAT
The National Company Law Appellate Tribunal ( NCLAT ), Principal Bench, New Delhi observed that the benefit of section 32A of the Insolvency and...
Financial Creditors who are Allottees under RERA Required to meet Threshold Criteria For Filing a Section 7 application under IBC: NCLAT [Read Order]
The New Delhi bench of the National Company Law Appellate Tribunal (“ NCLAT ”) held that Financial Creditors who are Allottees under the Real Estate (Regulation and Development) Act, 2016 (“RERA”)...
![Financial Creditors who are Allottees under RERA Required to meet Threshold Criteria For Filing a Section 7 application under IBC: NCLAT [Read Order]](https://www.taxscan.in/wp-content/uploads/2024/07/Application-us-7-of-IBC-Acceptable-as-Exist-of-Financial-Debt-and-Default-NCLT-TAXSCAN.jpg "Financial Creditors who are Allottees under RERA Required to meet Threshold Criteria For Filing a Section 7 application under IBC: NCLAT [Read Order]")
Liability of Corporate Guarantor Does Not Absolve Only Due to Non-Invocation of Guarantee: NCLAT [Read Order]
The Delhi bench of the National Company Law Appellate Tribunal ( NCLAT ) held that a Corporate Guarantor cannot be absolved from its liability only due to non-invocation of guarantee. Iskon Infra...
![Liability of Corporate Guarantor Does Not Absolve Only Due to Non-Invocation of Guarantee: NCLAT [Read Order]](https://www.taxscan.in/wp-content/uploads/2024/07/NCLAT-NCLAT-Delhi-National-Company-Company-Law-Appellate-Tribunal-Corporate-Guarantor-TAXSCAN.jpg "Liability of Corporate Guarantor Does Not Absolve Only Due to Non-Invocation of Guarantee: NCLAT [Read Order]")
Claims cannot be Automatically Treated as CIRP Costs unless directly related to CIRP and approved by CoC: NCLAT [Read Order]
In a recent case, the National Company Law Appellate Tribunal ( NCLAT ) observed that claims cannot be automatically treated as the Corporate Insolvency Resolution Process ( CIRP ) costs unless...
Creditors can Initiate Insolvency Proceedings against Personal Guarantors via RP as per Section 95(1) of IBC: NCLAT
The Delhi bench of National Company Law Appellate Tribunal ('NCLAT') held that creditors can initiate insolvency proceedings against personal guarantors via a resolution professional ( RP )as per...
Issuance of Demand Notice u/s 8 of IBC is Fulfilled by Documentary Evidence Including Postal Receipt: NCLAT [Read Order]
The New Delhi Bench of the National Company Law Appellate Tribunal ( NCLAT ) held that the issuance of demand notice under Section 8 of the Insolvency and Bankruptcy Code, 2016 ( IBC ) is fulfilled...
