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 June 2024 Year 2024 This

The NCLAT, an Appellate Tribunal, rejected an application ...


NCLAT affirms liquidation order finality for ex-director/shareholder challenging auction sale. Not grounds to re-open proceedings. Appeal dismissed.

June 22, 2024

Case Laws     Insolvency and Bankruptcy     AT

The NCLAT, an Appellate Tribunal, rejected an application regarding Auction Sale by a Liquidator in a Company Appeal. The Appellant, an Erstwhile Director/Shareholder of the Corporate Debtor, questioned the Sale Certificate and Sale made by the Liquidator. The Tribunal noted the finality of the Order of Liquidation and the Appellant's status as an Ex-Director/Shareholder. The Appellant's delay in questioning the sale precluded him from reopening the proceedings. The Interlocutory Application was deemed not grounds to revisit the Auction Sale. The appeal was dismissed, and the Impugned Order was affirmed.

View Source

 


 

You may also like:

  1. NCLAT dismissed the appeal challenging the auction notice and denied stay of the impugned order. The Tribunal found no procedural flaws in the liquidation process,...

  2. Restraint on shareholders of Zee Entertainment Enterprises Limited from calling for and holding an Extra Ordinary General Meeting - The procedure for appointment of...

  3. Appellant challenged the auction sale of shares by the Liquidator, claiming undervaluation and lack of proper valuation, as shares were sold only at book value despite...

  4. The NCLAT dismissed an appeal challenging a Scheme of Arrangement between ICICI Bank Ltd and ICICI Securities Ltd. The Tribunal held that appellants lacked standing to...

  5. CIR - Order of Liquidation - Concern regarding auction at a price significantly lower than their fair value - The NCLAT found that the appellant's challenges were not...

  6. The NCLAT dismissed an appeal challenging procedural aspects of liquidator fee determination without contesting the Stakeholders' Consultation Committee's (SCC) actual...

  7. The Punjab and Haryana High Court addressed the legal right of a Hindu Undivided Family (HUF) to challenge auction proceedings of properties owned by the HUF. The court...

  8. The NCLAT allowed the appeal and sanctioned the scheme of amalgamation u/ss 230-232 of the Companies Act, 2013. It held that the DCF method used for share valuation was...

  9. Entitlement to file an appeal as an Independent Director in the Corporate Debtor - The appellant, an erstwhile director of the corporate debtor, challenged the admission...

  10. The NCLAT dismissed the appeal filed by the appellant against the NCLT order rejecting the application for recall of the liquidation order dated 13.12.2023 and...

  11. The NCLAT held that disputes related to shareholder oppression or mismanagement under the Companies Act are distinct from the Insolvency and Bankruptcy Code (IBC) and...

  12. HC affirmed vicarious liability of company directors under Sections 138/141 of NI Act in cheque dishonor case. Directors challenged summoning orders claiming...

  13. Seeking impleadment of Successful Auction Purchaser/Appellant as one of the Respondents - The NCLAT found that non-impleadment of the successful auction purchaser was...

  14. Rectification of the register of members of the company - In the instant application, the respondent auctioned the shares without the consent of shareholders and without...

  15. Appellant's challenge to Liquidator's forfeiture of Rs.96 lakh EMD for non-payment of balance amount within stipulated timeline after e-auction of assets was dismissed....

 

Quick Updates:Latest Updates