SC upholds NCLT’s discretionary powers

The Supreme Court on Thursday rejected Axis Bank’s petition seeking reconsideration of its earlier judgment that held that the NCLT while examining the existence of debt and default by a corporate debtor on a financial creditor’s plea for initiating corporate insolvency resolution process has the discretion to admit or not admit the plea. A Bench comprising justices Indira Banerjee and

NCLT Kolkata Bench accepts CoC application for McNally Bharat

The National Company Law Tribunal (NCLT) Kolkata Bench has allowed the application filed by the Committee of Creditors (CoC) of McNally Bharat Engineering Company Ltd to appoint Ravi Sethia as the Resolution Professional for the company which is undergoing an insolvency process. The company was admitted under the corporate insolvency resolution process (CIRP) by the NCLT Kolkata Bench in April

Supreme Court notice to CCI, on Amazon plea against Future

The Supreme Court on Monday issued notices to the Future Group and the Competition Commission of India on a plea by Amazon against the June 13 NCLAT’s order which upheld the decision to keep share subscription agreement (SSA) between Amazon and Future private limited. A bench of justices put the matter for detailed consideration on September 19. The court issued

NCLT directs to consider operational creditors dues

The Kolkata bench of the National Company Law Tribunal (NCLT) observed that to balance the interests of all the stakeholders, the payments to the various classes of operational creditors who have been paid nil value, need to be ‘reassessed’ and ‘re-considered’ by the Committee of Creditors (CoC). “The resolution plan in respect of the corporate debtor needs to be sent

NCLT orders fresh election of hotel and restaurant body

The National Company Law Tribunal (NCLT) held the executive committee meeting of hotel andrestaurant body FHRAI on October 30, 2018 as “null and void” and ordered the election of its newpresident after conducting the annual general meeting. The bench has directed all four regions of the Federation of Hotel & Restaurant Associations of India(FHRAI) to nominate their members for the

Sanskar Projects and Housing dragged to NCLT over default

Sanskar Projects and Housing has been dragged to National Company Law Tribunal (NCLT) under Section 7 of Insolvency and Bankruptcy Code, over a default of over Rs 5 crore by its financial creditor Realpro Realty Solutions. The companies entered into a loan agreement on December 9, 2020 to facilitate the acquisition of a 575 sq yards property in Jor Bagh

SBI starts insolvency process against Bajaj Hindusthan at NCLT

SBI has filed an insolvency petition against the country’s largest sugar firm Bajaj Hindusthan Sugar Ltd.SBI as a financial creditor has filed the plea before the Allahabad bench of the National Company Law Tribunal (NCLT). The petition has been filed under Section 7 of Insolvency and Bankruptcy Code 2016. In the last fiscal year, the company had posted a consolidated

NCLT approves Prakash Asphaltings resolution plan

The bankruptcy court has approved the resolution plan submitted by Prakash Asphaltings & Toll Highways (India) Ltd for Rajahmundry Godavari Bridge Ltd (RGBL). The bridge, built on the river Godavari, connects Rajahmundry and Kovvur in Andhra Pradesh. The Mumbai bench of the National Company Law Tribunal (NCLT) gave its nod after the lenders approved the revival plan with 100% voting

NCLAT stays NCLT order terming allotment of shares

The National Company Law Appellate Tribunal (NCLAT) has stayed an order passed by the Kolkata Bench of the National Company Law Tribunal (NCLT) that had termed allotment of shares to the Roys of Peerless General Finance & Investment in 1988 ‘void’ and ordered cancellation. In an order passed, the appellate tribunal said, the impugned order dated July 18, 2022, passed

NCLAT dismisses NGO’s plea, upholds anti-trust regulator’s decision

The National Company Law Appellate Tribunal (NCLAT) has dismissed an appeal by a non- governmental organisation (NGO) against a decision by India’s anti-trust regulator that instant messaging platform WhatsApp had not been abusing its dominant position in the country. In a judgment dated August 2, the NCLAT said there was no reason for it to doubt the Competition Commission of