Search Results for "Insolvency and Bankruptcy Code 2016"

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Search Results for "Insolvency and Bankruptcy Code 2016"

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Supreme Court

Supreme Court Quashes High Court's Contempt Discharge Order on Procedural Grounds of Judicial Propriety. A prior Single Judge's finding of contempt and guilt under the Contempt of Courts Act, 1971, cannot be reviewed or reversed by a subsequent Single Judge of the same court after granting time to purge contempt.

23 Apr 2025

The appeal arose from a contempt petition dismissal by the Delhi High Court. The dispute originated from a Memorandum of Understanding (MoU) dated 21 ...

High Court

Finance Company Challenges Arbitration Halt Due to Insolvency Moratorium. Petitioner disputes arbitrator's orders citing moratorium scope under IB Code, seeks continuation against non-insolvent guarantors.

20 Jun 2024

The petitioner, a finance company, challenges two orders by an arbitrator that halted arbitration proceedings due to a moratorium under Section 95 of ...

Supreme Court

Supreme Court Allows Extension of Arbitral Tribunal Mandate in International Commercial Arbitration Involving Share Dispute and Insolvency Moratorium. The court extended the time for the arbitral award under Section 29A of the Arbitration and Conciliation Act, 1996, due to a moratorium under the Insolvency and Bankruptcy Code, 2016, which stayed proceedings and was subsequently lifted.

5 Jan 2023

The dispute arose from an international commercial arbitration between Tata Sons Pvt Ltd (applicant) and Siva Industries and Holdings Ltd (first respo...

Supreme Court

Supreme Court Allows Appeal in Insolvency Case Due to Absence of Financial Debt Against Pledgor. Petition Under Section 7 IBC Not Maintainable as No Disbursement Was Made to Corporate Debtor, and Pledge Alone Does Not Constitute Financial Debt Under Section 5(8) of Insolvency and Bankruptcy Code, 2016.

22 Sep 2022

The appeal arose from a judgment of the National Company Law Appellate Tribunal (NCLAT) dismissing an appeal against an order of the Adjudicating Auth...

Supreme Court

Supreme Court Allows Appeal in Part on Operational Creditor Status but Upholds Dismissal on Limitation in Insolvency Case. The court held that a purchaser does not qualify as an operational creditor under Section 5(20) of the Insolvency and Bankruptcy Code, 2016, and the application under Section 9 was barred by limitation due to debt arising from 2013 transactions.

4 Feb 2022

The appeal arose from a dispute under the Insolvency and Bankruptcy Code, 2016, involving the appellant, Consolidated Construction Consortium Limited,...

Supreme Court

Supreme Court Remands Resolution Professional's Fee Dispute to NCLT for Reasoned Determination Under Insolvency and Bankruptcy Code, 2016. The Court held that the adjudicating authority has jurisdiction under Section 60(5)(c) to determine insolvency resolution process costs, but both NCLT and NCLAT failed to exercise it properly by not considering the claim's basis or reasonableness, leading to an order of remand.

5 Jan 2022

The appeal arose from a judgment of the National Company Law Appellate Tribunal dated 30 July 2020, concerning the payment of costs and expenses incur...

Supreme Court

Supreme Court Dismisses Appeal Against NCDRC Order Condoning Delay in Filing Written Statement — Prospective Application of Limitation Period Under Section 13 of Consumer Protection Act, 1986. The Court held that the NCDRC's discretion exercised before the Constitution Bench judgment in New India Assurance Co. Ltd. v. Hilli Multipurpose Cold Storage Pvt. Ltd. was valid and not liable to be interfered with.

14 Dec 2021

The appeal arose from an order of the National Consumer Disputes Redressal Commission (NCDRC) dated 25 February 2020, which condoned a delay of 100 da...

High Court

Supreme Court Allows Operational Creditor's Appeal in Insolvency Claim Delay Matter Applying COVID-19 Limitation Extension. The Court held that the period from 15.03.2020 to 14.03.2021 stands excluded in computing limitation for claim filing under the Insolvency and Bankruptcy Code, 2016, making the appellant's claim filed before 14.01.2021 timely.

29 Nov 2021

The dispute originated from a contractual relationship between GPR Power Solutions Private Limited (appellant) and Rohit Ferro Tech Limited (corporate...

Supreme Court

Supreme Court Allows Appeal in Insolvency Case, Quashing Stay on Termination of Facilities Agreement. The Court held that Section 14 of the Insolvency and Bankruptcy Code, 2016, does not apply to a service recipient, and the NCLT's jurisdiction under Section 60(5)(c) does not extend to contractual termination disputes unrelated to insolvency resolution.

23 Nov 2021

The appeal arose from a judgment of the National Company Law Appellate Tribunal dated 24 June 2020, which upheld an interim order of the National Comp...

Supreme Court

Supreme Court Allows Liquidator's Appeal on Limitation Grounds in Insolvency Proceeding. Limitation period under Section 61 of the Insolvency and Bankruptcy Code, 2016 runs from the date the order is made available, not from pronouncement, applying Section 420(3) of the Companies Act, 2013 and Rule 50 of the National Company Law Tribunal Rules, 2016 for free copies.

22 Oct 2021

The appeal arose from a judgment of the National Company Law Appellate Tribunal (NCLAT) dated 13 July 2020, which dismissed the appellant's appeal as ...

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