Search Results for "National Company Law Tribunal"

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Supreme Court

Supreme Court Dismisses Appeal in MSME Arbitration Execution Dispute, Upholding High Court's Ruling on Nullity Plea and Jurisdiction. Arbitral Award Remains Executable Despite Insolvency Resolution Plan Approving Claim at Nil, as Facilitation Council's Jurisdiction Not Extinguished Under Section 31 Insolvency and Bankruptcy Code, 2016.

21 Apr 2025

The appeal arose from a dispute under the Micro, Small and Medium Enterprises Development Act, 2006 (MSME Act), where the respondent filed claim petit...

Supreme Court

Supreme Court Acquits Accused in Employees' State Insurance Act Case Due to Insufficient Evidence on Principal Employer Role and Non-Deposit of Contributions. Conviction under Section 85(i)(b) of Employees' State Insurance Act, 1948 Set Aside as Prosecution Failed to Prove Accused Deducted and Failed to Deposit ESI Contributions from Employees' Wages.

17 Apr 2025

The appeal arose from a criminal conviction under the Employees' State Insurance Act, 1948. The appellant, along with the company, was accused of fail...

Supreme Court

Supreme Court Dismisses Appeals in Insolvency Case Due to Limitation and Mis-statements. NCLAT's Refusal to Condon Delay Upheld as Appellant Failed to Apply for Certified Copies and Made Contradictory Assertions Under Section 61 of Insolvency and Bankruptcy Code, 2016.

4 Apr 2025

The appeals arose from an order dated 18.01.2024 passed by the National Company Law Appellate Tribunal (NCLAT), which dismissed appeals preferred by t...

Supreme Court

Supreme Court Upholds Commercial Wisdom of CoC in DHFL Insolvency, Sets Aside NCLAT’s Interference in Resolution Plan. Recoveries from Avoidance Applications Under Section 66 IBC to Benefit SRA; FD Holders’ Claims Dismissed

1 Apr 2025

Commercial Wisdom of CoC – The Supreme Court reaffirmed the paramount status of the Committee of Creditors’ (CoC) commercial wisdom in approving ...

Supreme Court

Supreme Court Dismisses Contempt Petition Against Tax Authorities for Alleged Disobedience of Insolvency Judgment. Contempt not established as authorities acted in good faith and were not parties to earlier proceedings, despite claims for pre-resolution plan tax dues being extinguished under Section 31(1) of the Insolvency and Bankruptcy Code, 2016.

27 Mar 2025

The dispute arose from a contempt petition filed by M/s JSW Ispat Special Products Limited (now M/s JSW Steel Limited) against tax authorities of Chha...

Tribunals

National Company Law Appellate Tribunal Allows Appeals by Appellant Creditor in IBC Case -- Sets Aside Orders Directing Appellant to Approach GIDC Appellate Authority and Remitting Resolution Plan -- Termination of Lease During Moratorium Held Invalid Under Section 14 of IBC

21 Mar 2025

The National Company Law Appellate Tribunal (NCLAT) allowed two appeals filed by the Resolution Professional (RP) and the largest financial creditor o...

Supreme Court

Insolvency and Bankruptcy Code, 2016 – Income Tax Demands Post Approval of Resolution Plan – Statutory Dues Not Forming Part of the Resolution Plan Stand Extinguished. Once a Resolution Plan is duly approved under Section 31(1) of the Insolvency and Bankruptcy Code, 2016, all claims not forming part of the plan shall stand extinguished, including statutory dues owed to the Government. No fresh demands can be enforced thereafter.

20 Mar 2025

Statutory dues not forming part of the approved Resolution Plan stand extinguished, and no fresh claims can be raised post-approval. A successful Reso...

Supreme Court

Negotiable Instruments Act, 1881 – Section 138 – Insolvency and Bankruptcy Code, 2016 – Section 14, Section 17 – Criminal Procedure Code, 1973 – Section 482 – Moratorium under IBC bars proceedings against a corporate debtor but not against a natural person – Cause of action under Section 138 of NI Act arises after the issuance of demand notice – High Court erred in relying on P. Mohan Raj – Appellant’s petition under Section 482 CrPC ought to have been allowed – Complaint and summoning order quashed.

17 Mar 2025

The Supreme Court distinguished the case from P. Mohan Raj, holding that the cause of action under Section 138 NI Act arose after the moratorium was i...

Supreme Court

Supreme Court Clarified the Scope of Interim Moratorium under Section 96 of the Insolvency and Bankruptcy Code, 2016 – Held That Regulatory Penalties Imposed by the Consumer Protection Act, 1986, Are Not Covered

4 Mar 2025

Invoking Insolvency Proceedings Cannot stay execution of Penalty Orders for Consumer Protection Law Violations – The Apex Court Upheld the NCDRC’s...

Supreme Court

Supreme Court Restores Personal Insolvency Proceedings Against Personal Guarantor – High Court’s Judicial Review Set Aside

20 Feb 2025

Interpretation of Insolvency and Bankruptcy Code, 2016 – Limits of High Court’s Jurisdiction Under Article 226 of the Constitution of India The S...

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