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TOP STORIES

The Appellant does Not Qualify as an Operational Creditor under the IBC due to the Absence of Proof of debt as per the Contractual Terms agreed upon

NCLAT held that the appellant does not qualify as an operational creditor under the IBC due to the a...

Jul 13, 2024

Claims under the EPF Act, including contributions, interest, and damages, are not part of the liquidation estate; instead, these claims hold priority status

NCLAT held that claims under the EPF Act, encompassing contributions, interest, and damages, are not...

Jul 13, 2024

Mere Assignment of Trade Receivables Without Underlying Proof of Debt and Default is Insufficient to File an Application under Section 7 of the IBC

NCLAT held that the mere assignment of trade receivables without underlying proof of debt and defaul...

Jul 12, 2024

NCLAT clarifies that the sale of assets in liquidation under the IBC must strictly adhere to its provisions and regulations

NCLAT clarified that the sale of assets in liquidation under the IBC must strictly adhere to its pro...

Jul 12, 2024

While strict adherence to statutory timelines in a CIRP under IBC is essential, discretionary time extensions beyond 330 days are permissible in exceptional cases

NCLAT held that while strict adherence to statutory timelines in a CIRP under IBC is essential, disc...

Jul 12, 2024

Whether a 'Certified Copy' of the Impugned Order, as required under Rule 22 of the NCLAT Rules, 2016, Necessary for Filing an Appeal

Whether a 'Certified Copy' of the impugned order, as required under Rule 22 of the NCLAT Rules, 2016...

Jul 11, 2024

To File An Appeal, A Certified Copy as Defined under Section 76 of the Indian Evidence Act is Required, Involving A Demand and Payment of a Requisite Fee

National Company Law Appellate Tribunal (NCLAT), Chennai Bench clarified that to file an appeal, a c...

Jul 10, 2024

LATEST CASE LAWS

Claims under the Employees Provident Funds & Miscellaneous Provisions Act (EPF Act), including contributions, interest, and damages, do not constitute...

Jul 10, 2024

For filing appeals under Section 61 of the Insolvency and Bankruptcy Code, 2016, a "Certified Copy" of the impugned order, obtained through formal app...

Jul 9, 2024

Claims filed after the approval of the Resolution Plan cannot be considered by the Resolution Professional. The appellants must approach the Successfu...

Jul 8, 2024

The NCLAT ruled that even partial non-payment constitutes a default under Section 7 of the IBC, and fresh defaults occurring after the Section 10A sus...

Jul 5, 2024

The existence of debt and default under Section 7 of the IBC, evidenced by the loan agreement, audit report, and information utility records, was suff...

Jul 3, 2024

A debt arising from unpaid rent under a lease agreement qualifies as an operational debt under Section 5(21) of the Insolvency and Bankruptcy Code, 20...

Jul 2, 2024

The NCLAT held that the moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016 does not bar the encashment of a Performance Bank Guar...

Jul 1, 2024

The date of e-filing an application under Section 95(1) of the IBC is deemed the filing date for triggering an interim moratorium, irrespective of the...

Jul 1, 2024

The NCLAT Bench, comprising two members - Justice M. Venugopal (Judicial Member) and Jatindranath Swain (Technical Member), has expressed dissenting v...

Jul 1, 2024

ARTICLES

Navigating Valuation Challenges in Corporate Insolvency Resolution: A Case Analysis of M/s. Jeypore Sugar Company Limited

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The Legal Dynamics of Dishonour of Cheques in India: A Detailed Overview

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Upholding Financial Rights: A Legal Analysis of Limited Guardianship under the Rights of Persons with Disabilities Act, 2016

Mrs. Rachna Gupta, Advocate

Supreme Court's Interpretation on the Forfeiture of Earnest Money in Auction Sale under the SARFAESI Proceedings

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Ensuring Transparency in Insolvency Proceedings: A Call for Equitable Information Access

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IBC Gazette 51

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