NCLT Sanctions Demerger of Thermax Subsidiaries, Boosting Operational Efficiency

The National Company Law Tribunal (NCLT) has granted approval for the demerger of Thermax’s subsidiaries, Thermax Cooling Solutions Ltd (TCSL) and Thermax Instrumentation Ltd (TIL), as per a regulatory filing on December 25, 2023. This move aims to streamline operations and enhance management focus on Thermax Instrumentation’s business post-demerger, bringing complementary businesses under a consolidated entity for increased scalability and

Go First Insolvency: NCLT Notice Served in Plea by Jackson Aviation

The National Company Law Tribunal (NCLT) has recently issued a notice in response to a plea filed by Jackson Aviation, one of the lessors of Go First. Jackson Aviation sought information regarding the status of aircraft whose leases were terminated before the imposition of the moratorium. Acknowledging the urgency of the matter, the tribunal has instructed the insolvency resolution professional

NCLT rejects JSW Energy’s plea to withdraw resolution plan

The National Company Law Tribunal (NCLT) rejected JSW Energy’s plea to withdraw its resolution plan for the takeover of debt-laden Ind-Barath Energy (Utkal) on grounds of deterioration of assets, saying it doesn’t have powers to terminate a plan approved by the Committee of Creditors (CoC) with big majority. At the same time, the tribunal took note of JSW Energy’s concerns

NCLAT limits Supertech insolvency proceedings to one project

The National Company Law Appellate Tribunal (NCLAT) On June 10,2022 ordered starting of insolvency proceedings in only one of the housing projects of realty firm Supertech Ltd and not the entire company. A two-member NCLAT bench limited the Corporate Insolvency Resolution Process (CIRP) to only “Eco Village II Project” located at Greater Noida (West). On March 25, the Delhi bench

Bankers decide to refer Future Retail to NCLT

Lenders led by Bank of India decided to refer Future Retail Ltd (FRL) to the National Company Law Tribunal (NCLT) for insolvency proceedings over recovery of dues. The lenders have invited financial and technical bids from insolvency professionals (IPs) by March 29,2022. This will be followed by a presentation from shortlisted IPs, said the people cited above. Grant Thornton, PwC,

Lead banker SBI wants NCLAT to call fresh bids for Videocon

State Bank of India, the lead banker in the consortium of lenders moving the National Company Law Appellate Tribunal (NCLAT) on behalf of the committee of creditors seeking fresh bids for the bankrupt Videocon Industries, the appellate tribunal on Monday sought a reply from the successful bidder Twin Star Technologies. The matter will now come up for hearing on September

PERSONS OR ENTITIES BARRED UNDER IBC FROM INTITIATION OF CORPORATE INSOLVENCY RESOLUTION PROCESS

Section 11 of the IBC states that certain persons are not entitled to make applications for initiating a CORPORATE INSOLVENCY RESOLUTION PROCESS. These are: (a) a CORPORATE DEBTOR already undergoing a CORPORATE INSOLVENCY RESOLUTION PROCESS; (b) a CORPORATE DEBTOR that has completed a CORPORATE INSOLVENCY RESOLUTION PROCESS in the 12 months preceding the date of filing the application;(c) a CORPORATE

THE IMPORTANCE OF INFORMATION UTILITIES

An INFORMATION UTILITY is defined in section 3(21) of the IBC as a “person” registered as such with the IBBI under section 210. The primary function of INFORMATION UTILITYs is to provide high quality authenticated information about debts and defaults, making them important from a public policy standpoint. Section 209 of the IBC specifies that no INFORMATION UTILITY can do

SCOPE OF DISPUTE UNDER THE BANKRUPTCY CODE,2016

After many conflicting decisions, the Supreme Court in Mobilox v Kirusa finally settled the issue regarding the interpretation of the term ‘dispute in existence’ under the Code. This provided much-needed relief and clarity to corporate debtors who may have a genuine dispute regarding the debt under consideration, but may not have yet initiated legal proceedings. The Court acknowledged the fact