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
Companies Law - Highlights / Catch Notes

Home Highlights April 2025 Year 2025 This

NCLAT upheld NCLT's rejection of recall application, finding ...


Corporate Governance Dispute: Spouse Lacks Legal Standing to Challenge Arbitration Order Under Sections 241, 242

April 10, 2025

Case Laws     Companies Law     AT

NCLAT upheld NCLT's rejection of recall application, finding appellant lacks locus standi under Sections 241 and 242 of Companies Act. The tribunal determined that Section 44 of Evidence Act does not provide grounds for intervention by a non-party to original proceedings. The court emphasized that appellant, as spouse of original party, cannot challenge the order or cost imposition when the primary litigant's challenge was unsuccessful. The appeal was dismissed, confirming NCLT's original order and maintaining the procedural integrity of the legal process.

View Source

 


 

You may also like:

  1. 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...

  2. Importance of transparency in corporate governance and the rights of minority shareholders

  3. Maintainability of Refund claim - Order of assessment was not challenged - the Tribunal upheld the department's action, stating that customs duty is to be charged based...

  4. CIRP - Rejection of Section 9 Application on the ground of pre-existing dispute - The dispute stemmed from services provided by the Operational Creditor to the Corporate...

  5. Maintainability of application u/s 9 of IBC, 2016 for non-payment of dues arising from supply of manpower services hinges on existence of pre-existing dispute between...

  6. Pre-existing dispute between parties regarding inflated invoices issued by appellant's staff/employees for different project under same Master Service Agreement....

  7. The Direct Tax Vivad Se Vishwas Act, 2020 aims to settle tax disputes. The term "appeal" under the Act includes writ petitions challenging tax orders, as per Supreme...

  8. Initiation of CIRP - The corporate debtor has tried to challenge the genuinely of the corporate guarantee agreement but the same is a lame excuse. It seems that...

  9. Exit Policy of SEBI - letter issued by SEBI calling upon CSE [Calcutta Stock Exchange] to apply for voluntary exit - The High Court held that, Regulations such as those...

  10. Penalty u/s 271D for violation of Section 269SS was challenged. ITAT held that where assessee received sale consideration for immovable property in cash exceeding Rs....

  11. The Appellate Tribunal dismissed the appeal filed by the Petitioners seeking initiation of the Corporate Insolvency Resolution Process (CIRP) against the Corporate...

  12. The NCLAT held that the corporate debtor failed to substantiate a pre-existing dispute with the operational creditor regarding the unpaid operational debt. The corporate...

  13. Maintainability of application - initiation of CIRP - The present is a case where we are satisfied that there is no dispute, in fact, prior to issuance of Section 8...

  14. CIRP - Dismissal of application filed u/s 7 of the Insolvency and Bankruptcy Code, 2016 - Distinction between financial debt owed by the Corporate Debtor and the lack of...

  15. Sale of assets of Corporate debtors - Validity of order of NCLAT permitting the Private Sale of the composite assets of the Corporate Debtor instead of taking the Second...

 

Quick Updates:Latest Updates