Search Results for "Insolvency"

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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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Court Upholds Executing Court's Decision, Rejects Jurisdictional Objections and Abuse of Process. Possession warrant stands as Appellate Bench's reversal deemed erroneous; Writ Petition allowed, reinforcing res judicata and legal precedents.

The Executing Court had issued a possession warrant on 19 April 2024, which Respondent No. 1 failed to challenge. Respondent No. 1's subsequent object...

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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.

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

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Appeal Dismissed as Infructuous After Final Decree in Suit. Supreme Court dismisses appeal against High Court order due to subsequent final decree in the suit, rendering the appeal moot.

Civil Appeal arises from the Order passed by the High Court of Karnataka on 21st March 2022 in Writ Petition No. 10975 of 2020 (GM-CPC). The High Cour...

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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 Reinforces Special Court's Jurisdiction Under Insolvency and Bankruptcy Code" "IBC Offenses to Be Tried by Special Courts as Legislated, Despite Amendments to the Companies Act"

The Supreme Court addressed an appeal filed by the Insolvency and Bankruptcy Board of India (IBBI) against a Bombay High Court judgment that quashed a...