Tag: Insolvency and Bankruptcy Code
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Case update: Bharat Road Carrier Private Limited v. Rasna Private Limited
Decided on 01 September 2013 | NCLT Ahmedabad Following an application from an operational creditor to commence a Corporate Insolvency Resolution Process (CIRP) against a prominent player in the beverage industry, the National Company Law Tribunal, Ahmedabad Bench (NCLT), held that initiating civil proceedings after the issuance of a Demand Notice should not be regarded…
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How artificial intelligence can assist insolvency practitioners
Managing the intricacies of insolvency and bankruptcy cases in a densely populated and economically diverse country like India continues to pose formidable challenges. To effectively navigate these complexities and streamline the process, the use of Artificial Intelligence (“AI”) has emerged as a promising solution.
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Recent developments in Indian insolvency law
Clarification on Ineligibility of Resolution Applicants In a significant ruling in the case of M.K. Rajagopalan v. Dr. Periasamy Palani Gounder & Anr., the Supreme Court has clarified that a resolution applicant cannot be presumed ineligible under Section 164(2)(b) of the Companies Act, 2013, unless a competent authority explicitly declares their disqualification as a director.…
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Case update: Paschimanchal Vidyut Vitran Nigam Limited v. Raman Ispat Private Limited & Others
In a recent case the Supreme Court of India reversed its previous decision of September 2022 in the matter of State Tax Officer v. Rainbow Papers. In this “Rainbow judgment”, it was established that the State held the status of a ‘secured creditor’ as defined by the Insolvency and Bankruptcy Code.
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Case update: Sanket Kumar Agarwal & Anr. V. APG Logistics Private Limited
In a significant legal development, the Supreme Court of India, in Sanket Kumar Agarwal v. APG Logistics Private Limited, has provided essential clarifications
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Case update: M.K. Rajagopalan v. Dr. Periasamy Palani Gounder
In the case of M.K. Rajagopalan v. Dr. Periasamy Palani Gounder, the Supreme Court provided clarification regarding the requirements for determining the eligibility of a Resolution Applicant. The Court held that the commercial decisions made by the Committee of Creditors must not exceed the boundaries set by the law. Accordingly, the Court affirmed the order…
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Mr. Shibu Job Cheeran, Suspended Director of Corporate Debtor v. Mr. Ashok Velamur Seshadri, Liquidator of Archana Motors Limited
In Shibu Job Cheeran v. Mr. Ashok Velamur Seshadri, the National Company Law Appellate Tribunal observed that it must be proven that the former directors of the corporate debtor were aware of the company’s insolvency but continued to conduct business with ulterior motives in order to demonstrate the fraudulent purpose under Section 66 of the…
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India undertakes review of fast-track insolvencies
Smaller corporations often find the 270-day time frame required for a typical insolvency resolution process to be too long. The Bankruptcy Law Reform Committee determined that “there is merit in creating explicit provisions” for cases where the insolvency could be finished sooner.
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Latest developments in insolvency and bankruptcy in India
Go First Airlines Go First Airlines files for insolvency: On May 4, 2023, the NCLT Delhi reserves order on a request for an interim moratorium. On May 2, 2023, Nusli Wadia promoter of Go Air approached the Hon’ble National Company Law Tribunal (NCLT) and file petition seeking insolvency. A few years earlier, Jeh Wadia had been ousted because the airline was consistently losing money.…
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Moser Baer Karamchari Union Thr. President Mahesh Chand Sharma v. Union of India and Ors.
In Moser Baer Karamchari Union Thr. President Mahesh Chand Sharma v. Union of India and Ors., the Supreme Court of India has upheld the Companies Act 2013 provision that overrides payment of workers’ dues during Liquidation process under the Insolvency and Bankruptcy Code, 2016.