Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
IBC - Highlights / Catch Notes

Home Highlights May 2024 Year 2024 This

Imitation of CIRP - Admissibility of Intervention Petition - ...

May 16, 2024

Case Laws     Insolvency and Bankruptcy     AT

Imitation of CIRP - Admissibility of Intervention Petition - Homebuyers - Several intervention petitions were filed by unit holders in the project, seeking to dismiss the main company petition. These petitions were dismissed as well, with the NCLAT noting that the petitions were attempts to delay the CIRP process. - Additionally, the corporate debtor filed a scheme u/s 230 of the Companies Act, proposing to complete the project, arguing that the scheme should defer the Section 7 proceedings. However, the NCLAT found that the pending scheme could not halt the Section 7 application, emphasizing the need for an expeditious resolution as per the Supreme Court's directives.

View Source

 


 

You may also like:

  1. CIRP - Rejection of Application seeking intervention - Locus to file application - infringement of rights - Approval of resolution plan (offer) of another party - The...

  2. Jurisdiction of the Adjudicating Authority (NCLT) to adjudicate upon a closure notice issued prior to the initiation of the Corporate Insolvency Resolution Process...

  3. 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...

  4. CIRP - Recovery of electricity dues - Liability of successful Auction Purchaser in the liquidation proceeding of the Corporate Debtor - The submission of the Appellant...

  5. The Appellant sought payment of its pre-CIRP dues from the Respondent in a manner different from the approved resolution plan, which provided for payment of pre-CIRP...

  6. Validity of admission of application for initiation of CIRP - Prayer for intervention in the Appeal - One Time Settlement (OTS) proposal submitted by the Corporate...

  7. Admissibility of CIRP u/s 9 of the IBC - The Appellate Tribunal found that there was sufficient evidence to support the admission of CIRP proceedings. The Respondent had...

  8. Admissibility of application - initiation of CIRP - Having made the payment prior to initiation of CIRP, we are of the view that the case of the Respondent/Applicant...

  9. Admissibility of CIRP application - pre-existing dispute - Admittedly, Appellant is pursuing the litigation before the Bombay High Court in regard to the foreign decree...

  10. CIRP initiated against the Corporate Debtor terminated upon reaching full and final settlement with the Operational Creditor who filed Section 7 application. Quantum of...

  11. Initiation of CIRP - Relevant date of default - The Tribunal noted the appellant’s arguments about defaults prior to the RBI’s COVID-19 moratorium guidelines but also...

  12. Re-determination of the CIRP - The direction to CoC to redetermine the CIRP cost after approval of the Resolution Plan by the CoC is unsustainable - The audited Report...

  13. CIRP - role of IRP - The IRP is directed to proceed with CIRP. Obviously, the IRP has to take further proceeding in CIRP as per sections 18 to 21 of the IBC, 2016. He...

  14. Withdrawal of the CIRP against the Principal Borrower - bar for the Respondent/Lender in initiating fresh CIRP against the Guarantor or not - , this Tribunal holds that...

  15. Withdrawal from CIRP on the ground that the Applicant is in the process of re-structuring the debt of the Corporate Debtor - As a matter of fact, in this case no...

 

Quick Updates:Latest Updates