Corporate Debtor not fall under “Aggrieved Party”, Appeal Filed u/s 61 of IBC not Maintainable: NCLAT [Read Order]
The New Delhi bench of the National Company Law Appellate Tribunal ( NCLAT ) ruled that a shareholder of the company is not the “aggrieved party” as...
Dissenting Financial Creditor only entitled to Liquidation Value of Secured Interest u/s 30(2)(b) of IBC: NCLAT [Read Order]
The New Delhi bench of the National Company Law Appellate Tribunal ( NCLAT ) has held that as per Section 30(2)(b) of the Insolvency and Bankruptcy Code, 2016, a dissenting financial creditor is only...
Adjudicating Authority have Inherent Power to Recall Its Judgement But Has No Power To Review: NCLAT [Read Order]
The National Company Law Appellate Tribunal ( NCLAT ) has held that adjudicating authority have inherent power to recall its judgement but has no power to review. The Tribunal clarified that the...
NCLAT dismisses Petition u/s 95 of IBC filed Merely to Thwart Arbitral Proceedings already Initiated [Read Order]
The New Delhi Principal bench of the National Company Law Appellate Tribunal (NCLAT) held that petition under section 95 of the Insolvency and Bankruptcy Code (IBC) cannot be maintained if it is...
Resolution Professional cannot Entertain any Claims Arising After Commencement of CIRP: NCLAT [Read Order]
In a recent judgement of the New Delhi National Company Law Appellate Tribunal ( NCLAT ), has held that Resolution Professional cannot entertain any claims arising after the commencement of the...
No Pari Materia in S. 37 of MVAT Act & S. 33 of MPVAT Act With S. 48 Of The GVAT Act: NCLAT [Read Order]
The Delhi Bench of the National Company Law Appellate Tribunal ( NCLAT ) has held that Section 37 of the Maharashtra Value Added Tax Act, 2002 ( MVAT Act ) and Section 33 of the Madhya Pradesh Value...
