Latest court orders, judgments, and legal developments from Indian courts — AI-curated and summarized.
The NCLT has ruled that claims for avoidance relief under Section 43 of the IBC are invalid without evidence demonstrating that preferential treatment was granted by the corporate debtor.
The Calcutta High Court confirms that it can transfer pending winding-up proceedings at its discretion if they have not reached an irreversible stage.
The NCLT ruled that a Yes Bank loan secured on promoters’ property is to be reclassified as unsecured debt in the context of Roofco Trading's insolvency. This ruling clarifies the definition of secured debt under the IBC.
The NCLT has admitted a Section 9 plea against Evoq Remedies for failing to refund ₹1.95 crore for goods that were not delivered, initiating insolvency proceedings against the company.
The NCLT has initiated a CIRP against a paper mill due to the absence of a genuine dispute regarding an operational debt of ₹1.25 crore. An Interim Resolution Professional has been appointed.
The NCLT permitted the correction of a default date in an insolvency plea against Coffee Day Global Ltd, ruling that it constituted a clarificatory amendment and did not introduce a new claim.
The NCLT admitted insolvency proceedings after evidence of operational debt and acknowledgment of liability was presented, highlighting the standard of proof required in insolvency applications.
NCLAT ruled that challenges regarding an approved resolution plan could not be reopened as they had already attained finality, reinforcing the principle of finality in insolvency proceedings.
The NCLAT declared the appointment of a Resolution Professional invalid due to misrepresentation, highlighting the importance of accurate representation in insolvency applications.
The NCLT has approved a ₹17.25 crore resolution plan, stating that statutory obligations cannot be waived due to COVID-19-related disturbances. This ruling addresses the challenges during CIRP amid financial uncertainties.
The NSE clarified that regulatory exemptions applicable to IBC Section 31 resolution plans do not extend to plans approved under Section 54L in the PPIRP framework, necessitating compliance with SEBI requirements.
Justice Pankaj Mithal raises concerns regarding persistent appeals from the NCLAT to the Supreme Court, questioning the effectiveness of the tribunal system.