Initiation of CIRP - Salary, retention bonus and other dues of ...

CIRP Examines Employee Dues and Disputes Under IBC 2016, Emphasizing Substance Over Form for Balanced Stakeholder Interests.

October 9, 2020

Case Laws Insolvency and Bankruptcy Tri

Initiation of CIRP - Salary, retention bonus and other dues of former employees - existence of debt and dispute or not - the "Doctrine of Substance over Form" is to be applied in case of economic legislation like IBC 2016 so that its objectives to promote entrepreneurship and economic growth coupled with balancing of interest of all stake holders are achieved - Tri

View Source

← Previous Next →

Initiation of CIRP - Salary, retention bonus and other dues of ...

CIRP Examines Employee Dues and Disputes Under IBC 2016, Emphasizing Substance Over Form for Balanced Stakeholder Interests.

October 9, 2020

Case Laws Insolvency and Bankruptcy Tri

You may also like:

The NCLAT dismissed the appeal and upheld the NCLT order, ruling that u/s 14 of the IBC, 2016, a security deposit lying with a third party cannot be adjusted against...

Wages/salaries of the workmen/employees during the CIRP period - There are disputed questions, whether in fact the IRP/RP managed the operations of the corporate debtor...

The High Court held that once a resolution plan is approved u/s 31(1) of the Insolvency and Bankruptcy Code, 2016 (IBC), only the debts specified in the resolution plan...

NCLAT dismissed an appeal concerning pre-CIRP electricity dues, affirming NCLT's jurisdiction over post-resolution plan disputes under IBC Section 60(5). The Tribunal...

Ownership of leasehold rights over the subject plot - demand for enhanced land cost was raised much before initiation of CIRP - The tribunal held that the demand for...

Initiation of CIRP - Operational Creditors - pre-existence of dispute - The NCLT, exercising powers under Section 7 or Section 9 of IBC, is not a debt collection forum....

The circular issued by the Government of Tamil Nadu, Commercial Taxes Department, addresses the treatment of statutory dues under GST law for taxpayers whose proceedings...

The NCLAT held that the requirement of obtaining a No Objection Certificate (NOC) from stock exchanges under Regulation 37(1) and (2) of the LODR (Listing Obligations...

Reassessment of the Bill of Entry - dues are within the Operational debt under IBC or not - Though the definition of “Operational Debt” in Section 5(21) of the IBC, 2016...

Initiation of CIRP - Corporate Debtor failed to make repayment of its debt - the belatedly raised dispute without establishing nexus and relevance cannot be termed as...

Threshold limit for triggering CIRP - Validity of Section 7 of the Insolvency and Bankruptcy Code, 2016 - Initiation of CIRP by Financial Creditors - The statute i.e.,...

Liquidation of company - It must be borne in mind that the IBC treats the CIRP and Liquidation process as two separate stages and the proof of claim is to be filed...

Maintainability of application - initiation of CIRP - IBC, 2016 is not intended to be substitute to a recovery forum. - The Petitioner failed to point out the claim in...

Initiation of CIRP - Since Adjudicating Authority has not relied upon the “confirmation and undertaking” and has come to a conclusion that there is a debt and default...

Once a resolution plan is approved u/s 31(1) of the Insolvency and Bankruptcy Code, 2016 (IBC), only the debts specified in the resolution plan remain payable. This...

Quick Updates: