The State government of Kerala intends to contest the National Company Law Tribunal (NCLT) order transferring SAIL-SCL Kerala Limited to Chattisgarh Outsourcing Services, citing violations of lease agreements and procedural irregularities. According to Industries Minister P. Rajeeve, the tribunal’s decision lacked the State government’s input and disregarded established lease terms. The NCLT’s ruling on May 2 stemmed from a complaint
Tag: interim order
IL&FS Seeks NCLAT Approval for Category II Company Resolution
The IL&FS Group has petitioned the National Company Law Appellate Tribunal (NCLAT) for permission to divest its stake, without shareholders’ consent, in Category II companies facing insolvency. These companies are burdened with unsustainable debts, necessitating a resolution strategy sans shareholder approval. IL&FS emphasizes that stakeholders, including lenders and shareholders, would inevitably undergo a financial adjustment. This approach aims at ensuring
NCLAT Affirms NCLT Decision: Kesoram’s Claim as Financial Creditor in Birla Tyres Case Dismissed
The National Company Law Appellate Tribunal (NCLAT) has upheld the decision to dismiss Kesoram Industries’ appeal against the National Company Law Tribunal’s (NCLT) ruling in Kolkata. The NCLT had rejected Kesoram’s claim of being a financial creditor of Birla Tyres Ltd. NCLAT ruled that Kesoram failed to substantiate the nature of the transaction as a deposit or loan, stating, “the
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
NCLT Greenlights Resolution Plan for Reliance Communications Infrastructure
The National Company Law Tribunal (NCLT) has granted approval to the resolution plan for Reliance Communications Infrastructure Limited (RCIL), a subsidiary of the insolvent Reliance Communications Limited. The endorsed plan was submitted by Reliance Projects and Property Management Services Limited, selected by the Committee of Creditors during their meeting on August 5, 2021. Subsequently, the resolution professional of RCIL filed
NCLAT Greenlights Appu Hotels’ Promoter Settlement, Reviving Le Royal Meridien
The National Company Law Appellate Tribunal (NCLAT) has granted approval to the settlement proposal submitted by the promoter of Appu Hotels Limited, the owner of the renowned Tamil Nadu-based luxury hotel brand, Le Royal Meridien. This decision marks a pivotal moment as it not only allows the settlement but also terminates the resolution process of the company. The NCLAT order
NCLT Delays Future Retail Case, Sets Next Hearing for January 4
The National Company Law Tribunal (NCLT) Mumbai bench has postponed the hearing of a petition filed by Palguntech, a US-based technology consulting company, seeking a stay on the liquidation process of Future Retail (FRL). The tribunal, presiding over the case, has instructed all parties involved to maintain the status quo until the rescheduled hearing on January 4. Palguntech had approached
NCLT Clarifies: Liquidation Proceedings Do Not Bar Section 9 IBC Petition
The National Company Law Tribunal (NCLT) has affirmed that liquidation proceedings under the Companies Act do not prohibit the filing of a Section 9 petition under the Insolvency and Bankruptcy Code (IBC). The Mumbai Bench, comprising Judicial Member VG Bisht and Technical Member Prabhat Kumar, addressed a petition by an operational creditor seeking recovery of Rs. 2,36,21,491. The operational creditor
SC Rejects Personal Guarantors’ Plea for Early NCLT Adjudication in Insolvency Cases
In a significant ruling, the Supreme Court has dismissed the plea of personal guarantors seeking early adjudication by the National Company Law Tribunal (NCLT) during the resolution professional appointment stage in their insolvency cases. The apex court emphasized that the NCLT’s adjudicatory role commences only after the submission of the resolution professional’s report under Section 100, clarifying that this report
Government Initiates Major Expansion Plan for NCLT, Contemplating Up to 100 New Members
In a significant endeavor to enhance the efficiency of the National Company Law Tribunal (NCLT), the government is contemplating a substantial expansion by potentially adding up to 100 new members. This strategic move aims not only to expedite the insolvency resolution process, which has experienced notable slowdowns in recent years but also to facilitate the prompt disposal of company law