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Supreme Court Clarifies Scope of Arbitration and Limitation in Insolvency Context. Balancing Arbitration Rights with Insolvency Proceedings under IBC and Limitation Law

  Factual Background HPCL Bio-Fuels Ltd., a government-owned entity, engaged M/S Shahaji Bhanudas Bhad for a turnkey project to enhance b...

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Suspension of Resolution Professional Confirmed by Bombay High Court. Bombay High Court dismisses the writ petition challenging the suspension of Resolution Professional’s registration for failure to perform duties as per IBC regulations.

The High Court of Bombay upheld the decision of the Disciplinary Committee of the Insolvency and Bankruptcy Board of India (IBBI) to suspend the petit...

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Supreme Court Orders Fresh Examination of Share Dispute in Lexus Technologies Pvt. Ltd. Supreme Court overturns NCLT and NCLAT rulings, directing a re-examination of evidence in share transfer and oppression claims.

Legal Background: The appellants sought rectification of the Register of Members of Lexus Technologies Pvt. Ltd. under Sections 59 and 88 of the Co...

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"Bombay High Court Quashes Tax Proceedings Against Uttam Value Steels Ltd. Post-Resolution Under IBC" "Resolution Plan Approval Under IBC Shields Corporate Debtor from Pre-Insolvency Tax Claims."

  1. Background of the Case: The petition was filed by Uttam Value Steels Ltd. and Mr. Subodh Karmarkar challenging multi...

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High Court Quashes Reassessment Proceedings Against Uttam Galva Metallics Ltd. Resolution Plan Under IBC Precludes Tax Reassessment for Pre-Resolution Period, Rules Bombay High Court.

The Bombay High Court quashed the reassessment proceedings initiated by the Income Tax Department against Uttam Galva Metallics Ltd. for the assessmen...

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Court Quashes Regional Director's Rejection of Amalgamation Scheme Petitioners Successfully Challenge Rejection Due to Procedural Non-Compliance; Court Emphasizes Mandatory Referral to NCLT

The court addressed the petition at the admission stage itself, with the consent of Counsel. The petitioners, consisting of five companies with common...

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Supreme Court Upholds Bombay High Court's Interpretation of 'Drawer' Under NI Act. Clarifies that authorized signatories of a company are not liable to pay interim compensation under Section 143-A for dishonoured cheques

The Supreme Court dismissed the appeals challenging the Bombay High Court's decisions dated 08.03.2023 and 29.03.2023. These decisions had set aside t...

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Supreme Court Affirms Guarantor's Independent Liability Despite Resolution Plan. Guarantor's obligations remain intact; assets of subsidiaries excluded from holding company’s resolution plans, creditor rights upheld

The Supreme Court of India affirmed that the approval of a resolution plan for a corporate guarantor does not absolve the principal borrower of its li...

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Supreme Court Validates NCLAT's Ruling on Financial Debt Classification under IBC. Global Credit Capital Limited and others deemed financial creditors in Mount Shivalik Industries Ltd. insolvency case.

The Supreme Court upheld the decision of the National Company Law Appellate Tribunal (NCLAT), confirming that the appellants are financial creditors u...

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Supreme Court Dismisses Appeal in Insolvency Case Over Creditor Status and Resolution Plan Approval. Statutory Authority's Claim as Financial or Secured Creditor Rejected Due to Lack of Diligent Action During Corporate Insolvency Resolution Process Under Insolvency and Bankruptcy Code, 2016.

The dispute arose from the Corporate Insolvency Resolution Process (CIRP) of M/s. JNC Construction (P) Ltd, the Corporate Debtor. The appellant, a sta...