Mar 233 minThird-Party Cannot Be Held Liable Under A Contract Unless They Are A Direct Party To ItThe NCLAT Held that the third party cannot be held liable under a contract unless they are a direct party to it. The National Company Law...
Mar 222 minBank is Entitled to Proceed under the SARFAESI Act for the Recovery of Loan, as the Liability of the Guarantor is Joint and Several with the Principal DebtorThe Supreme Court held that the bank is entitled to proceed under the SARFAESI Act for recovery of the loan, as the liability of the...
Mar 212 minMoU and Ledger Statements of the Corporate Debtor are Insufficient Proof to Accept the Claim as a Financial DebtThe National Company Law Appellate Tribunal (NCLAT), Principal Bench comprising Justice Ashok Bhushan (Chairperson) and Arun Baroka...
Mar 212 minWrit Petition before the High Court challenging a sale notice issued by a secured creditor under the SARFAESI Act is not maintainableThe Supreme Court bench comprising Justices Dipankar Datta and Manoj Mishra held that a writ petition challenging a sale notice issued by...
Mar 212 minA speculative investor cannot be considered a Financial Creditor under Section 5(8)(f) of the Insolvency and Bankruptcy CodeThe NCLAT held that a speculative investor in real estate cannot be considered a Financial Creditor under Section 5(8)(f) of the...