The Supreme Court on September 6,2021 refused to stay the implementation of DHFL Resolution Plan on the plea filed by 63 moons tech and directed the NCLAT to hear the issue expeditiously. The Supreme Court on Monday refused to stay the implementation of DHFL Resolution Plan on the plea filed by 63 moons tech and directed the National Company Law
Tag: nclat
Punjab National Bank moves NCLAT to quash Jet Airways rescue plan
Punjab National Bank has challenged the rescue plan for Jet Airways (India) Ltd, posing a fresh hurdle to the Jalan-Kalrock consortium’s attempt to revive the grounded carrier. The state-run lender filed a petition before the National Company Law Appellate Tribunal (NCLAT) on Thursday, seeking to quash a rescue plan for Jet Airways approved by the National Company Law Tribunal (NCLT)
Jet Airways employees move NCLAT over compensation
Jet Airways employees have rejected the Kalrock-Jalan consortium’s offer under the resolution plan and have challenged the plan in the National Company Law Appellate Tribunal. Kalrock-Jalan consortium proposed a sum of Rs 52 crore to settle admitted employee claims of Rs 1,265 crore. Bharatiya Kamgar Sena (BKS) and Jet Airways Cabin Crew Association, on August 18, filed an appeal against
India’s largest bulk tea producer McLeod Russel faces insolvency proceedings in NCLT
The McLeod Russel company runs 31 tea gardens in Assam, 2 in Alipurduar and also has gardens in Africa, Vietnam India’s largest bulk tea producer McLeod Russel India Ltd (MRIL) has been admitted for insolvency proceedings on Friday for defaulting on the repayment of a Rs 100 crore loan. The company, promoted by the Khaitan family of Calcutta, operates 31
NCLT orders liquidation of Siva Industries, rejects proposal to withdraw company from IBC
The National Company Law Tribunal (NCLT), Chennai, has rejected the debt settlement proposal of Siva Industries and Holdings Ltd that was earlier approved by its lenders. The court also ordered Siva Industries’ liquidation in an order on August 13,2021. The NCLT rejected the proposal terming it a “business restructuring plan” rather than a settlement envisaged under section 12 A of
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
VARIOUS IMPORTANT JUDGMENTS HELD IN IBC, 2016
In the case of Vijay Kumar Jain vs. Standard Chartered Bank & Ors., the Apex Court held that the members of the suspended Board of Directors of a corporate debtor are vested with right to receive insolvency resolution plans submitted before the resolution professional so that they could effectively participate in the meetings of Committee of Creditors (CoC). The Supreme Court
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
EARLIER BANKRUPTCY REGIMES IN INDIA
The objective of the new law is to promote entrepreneurship, availability of credit, and to balance the interests of all stakeholders by consolidating and amending the laws relating to reorganization and insolvency resolution of corporate persons, partnership firms and individuals in a time-bound manner and for maximization of value of assets of such persons and matters connected therewith or incidental