The NCLAT being the duly constituted Appellate Tribunal, under ...

NCLAT's Autonomy in Regulating Procedures Upheld; Court Declines to Interfere with Insolvency Tribunal's Processes.

April 15, 2021

Case Laws Insolvency and Bankruptcy HC

The NCLAT being the duly constituted Appellate Tribunal, under the IBC, is free to regulate its procedure and the manner in which it wishes to hear matters, including issuing of directions for filing of written submissions and judgments. These procedural issues are to be regulated by the NCLAT on its own. This Court does not deem it appropriate to interfere with the same - The manner in which the Petitioner seems to be making repeated representations and submissions before the NCLAT clearly shows that the Petitioner is not being bonafide in his conduct. - HC

View Source

← Previous Next →

The NCLAT being the duly constituted Appellate Tribunal, under ...

NCLAT's Autonomy in Regulating Procedures Upheld; Court Declines to Interfere with Insolvency Tribunal's Processes.

April 15, 2021

Case Laws Insolvency and Bankruptcy HC

You may also like:

The NCLAT erred in invoking its inherent powers u/r 11 of the NCLAT Rules 2016 to approve a settlement between the second respondent and the Corporate Debtor,...

The NCLAT dismissed the appeal challenging the approval of the resolution plan by the Committee of Creditors (CoC) and the Adjudicating Authority. The key findings were:...

Seeking relief asking for closure of the liquidation process without dissolving the Corporate Debtor - When procedure itself is part of the enactment, the Regulating...

The NCLAT dismissed the appeal, holding that the Resolution Plan submitted by the Resolution Applicant did not violate any provisions of law, including Regulation 37(ba)...

Resolution plan approved by Committee of Creditors (CoC) with 97.54% vote share. Commercial wisdom of CoC in approving resolution plan not to be lightly interfered with....

Fresh consideration of resolution plan after a resolution approved by the CoC - Direction given by the NCLAT that Corporate Insolvency Resolution Process (CIRP) to be...

Whether the High Court ought to interfere, under Article 226/227 of the Constitution, with an Order passed by the National Company Law Tribunal in a proceeding under the...

Seeks to make amendments to special procedure for corporate debtors undergoing the corporate insolvency resolution process under the Insolvency and Bankruptcy Code, 2016....

The NCLAT held that there was a breach of fiduciary duties and conflict of interest by the Interim Resolution Professional (IRP) in the appointment of consultants during...

Corporate Debtors failed to deliver housing units to allottees within stipulated time despite receiving payments. NCLAT rejected Corporate Debtors' contentions regarding...

The NCLAT dismissed the appeal filed by the corporate debtor against the order admitting the application u/s 7 of the Insolvency and Bankruptcy Code (IBC) filed by the...

The Appellant contended that its claim should be treated as a secured debt u/s 30 of the Insolvency and Bankruptcy Code (IBC), rather than as an unsecured debt. However,...

Rectification of mistake - GST Transition Form-l (TRAN-l) - Courts have held time and again that rules and procedures are intended to sub-serve the cause of justice. In...

The NCLAT condoned the 1 day delay in filing the appeal, holding that as per Rule 22 of NCLAT Rules, 2016 and its orders, the date of e-filing has to be treated as the...

The High Court dismissed the petition challenging the order of the Insolvency and Bankruptcy Board of India (IBBI) suspending the registration of the petitioner as an...

Quick Updates: