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The court ruled that the appellant, Agarwal Foundries Pvt. Ltd., could not be considered an operational creditor of POSCO E&C India Pvt. Ltd. due to lack of privity of contract and the claim being time-barred under the Insolvency and Bankruptcy Code.

The court ruled that the appellant, Agarwal Foundries Pvt. Ltd., could not be considered an operational creditor of POSCO E&C India Pvt. Ltd. due to lack of privity of contract and the claim being time-barred under the Insolvency and Bankruptcy Code.

#InsolvencyLaw #CorporateDebt #LegalJudgment #NationalCompanyLawAppellateTribunal

Court Dismisses Appeal in Insolvency Case:AgarwalFoundries vs. POSCO E&CBackgroundIn a significant ruling, the National Company Law Appellate Tribunal (NCLAT) dismissed an appeal filed byAgarwalFoundries Pvt. Ltd. against POSCO E&C India Pvt. Ltd. The appeal arose from an earlier order by the...

Court Decision 11 Sep 2024
The court affirmed that secured creditors, such as banks, have priority over state tax claims on mortgaged properties under Section 26E of the SARFAESI Act, 2002.

The court affirmed that secured creditors, such as banks, have priority over state tax claims on mortgaged properties under Section 26E of the SARFAESI Act, 2002.

#BankingLaw #SecuredCreditors #SARFAESIAct #GujaratHighCourt

High Court of Gujarat Rules in Favor of HDFC Bank Over State Tax ClaimsBackgroundIn a significant ruling, the High Court of Gujarat addressed the case ofHDFC Bank Ltd. vs. State of Gujarat & Ors.The petitioner, HDFC Bank, sought to quash a charge recorded by the state tax authority on a prope...

Court Decision 09 Sep 2024
The court upheld the approval of a Resolution Plan that did not provide any payment to the Operational Creditor, as the liquidation value for the creditor was determined to be NIL, thus complying with Section 30(2)(b) of the Insolvency and Bankruptcy Code.

The court upheld the approval of a Resolution Plan that did not provide any payment to the Operational Creditor, as the liquidation value for the creditor was determined to be NIL, thus complying with Section 30(2)(b) of the Insolvency and Bankruptcy Code.

#InsolvencyLaw #OperationalCreditors #CorporateLaw #NationalCompanyLawAppellateTribunal

Court Upholds Resolution Plan Despite No Payment to Operational CreditorBackgroundIn a significant ruling, the National Company Law Appellate Tribunal (NCLAT) dismissed an appeal by an Operational Creditor against the approval of a Resolution Plan for Vinayak Rathi Steels Rolling Private Limi...

Court Decision 05 Sep 2024
The court ruled that the insurance company is not liable for compensation due to the offending vehicle lacking a valid permit and not being classified as an ambulance despite transporting patients.

The court ruled that the insurance company is not liable for compensation due to the offending vehicle lacking a valid permit and not being classified as an ambulance despite transporting patients.

#InsuranceLaw #MotorVehicleAccident #LegalJudgment #RajasthanHighCourt

Court Exonerates Insurance Company in Fatal Mini-Bus Accident CaseBackgroundIn a significant ruling, the court addressed appeals from an insurance company regarding liability for compensation following a tragic accident involving a mini-bus. The accident occurred on August 26, 2012, when a mi...

Court Decision 03 Sep 2024
The National Company Law Appellate Tribunal ruled that the Successful Resolution Applicant is entitled to the protection of Section 32-A of the Insolvency and Bankruptcy Code, allowing for the lifting of attachments by the Enforcement Directorate over the assets of the Corporate Debtor.

The National Company Law Appellate Tribunal ruled that the Successful Resolution Applicant is entitled to the protection of Section 32-A of the Insolvency and Bankruptcy Code, allowing for the lifting of attachments by the Enforcement Directorate over the assets of the Corporate Debtor.

#InsolvencyLaw #IBC #CorporateDebtor #NationalCompanyLawAppellateTribunal

NCLAT Upholds Protectionfor Resolution Applicants Under Section 32-A of IBCBackgroundIn a significant ruling, the National Company Law Appellate Tribunal (NCLAT) addressed the appeal filed by Vantage Point Asset Pte. Ltd., a Successful Resolution Applicant (SRA), against an order from the Nat...

judgement 14 Aug 2024
Court Upholds SBI's Classification of Borrower's Account as NPA, Validates Asset Transfer to ARC

Court Upholds SBI's Classification of Borrower's Account as NPA, Validates Asset Transfer to ARC

#BankingLaw #NPA #AssetReconstruction #CalcuttaHighCourt

Court Upholds SBI's Classification of Borrower's Account as NPA, Validates Asset Transfer to ARCBackgroundIn a significant ruling, the court addressed two appeals concerning the classification ofAtibir IndustriesCompany's account as a Non-Performing Asset (NPA) by the State Bank of India (SBI...

judgement 25 Jul 2024
NCLAT Clarifies Certified Copy Requirement for Filing Appeals Under IBC

NCLAT Clarifies Certified Copy Requirement for Filing Appeals Under IBC

#IBC #NCLAT #CertifiedCopy #NationalCompanyLawAppellateTribunalTribunalCourt

NCLAT Clarifies Certified Copy Requirement for Filing Appeals Under IBCBackgroundIn a recent judgment, the National Company Law Appellate Tribunal (NCLAT) addressed the issue of the "Certified Copy" requirement for filing appeals under Section 61 of the Insolvency and Bankruptcy Code (IBC), 2...

judgement 10 Jul 2024
NCLT Initiates Insolvency Resolution Process Against Personal Guarantor in Corporate Debt Case

NCLT Initiates Insolvency Resolution Process Against Personal Guarantor in Corporate Debt Case

#InsolvencyLaw #PersonalGuarantor #CorporateDebt #NationalCompanyLawTribunalTribunalCourt

NCLT Initiates Insolvency Resolution Process Against Personal Guarantor in Corporate Debt CaseBackgroundThe National Company Law Tribunal (NCLT) has initiated an insolvency resolution process against Mr.Chandrashekhar BalkrishnaPanchal, the personal guarantor of the corporate debtor, M/s. Arc...

judgement 29 Jun 2024
Kerala High Court Upholds Secured Creditor's Priority in SARFAESI Sale Over Subsequent Attachments

Kerala High Court Upholds Secured Creditor's Priority in SARFAESI Sale Over Subsequent Attachments

#SARFAESIAct #SecuredCreditor #PropertyAttachment #KeralaHighCourt

# Kerala High Court Upholds Secured Creditor's Priority in SARFAESI Sale Over Subsequent AttachmentsBackgroundIn this case, a finance company (the petitioner) had granted loans to a borrower, who mortgaged their property as security. When the borrower defaulted on the loan repayment, the fina...

judgement 28 Jun 2024
Court Grants Petitioners Temporary Relief in Loan Repayment Dispute

Court Grants Petitioners Temporary Relief in Loan Repayment Dispute

#LoanRepayment #FinancialAssets #LegalDispute #KeralaHighCourt

# Court Grants Petitioners Temporary Relief in Loan Repayment DisputeBackgroundThe petitioners, who had taken out a housing loan from the respondent Cholamandalam Investment and Finance Co. Ltd. in 2020, approached the court seeking relief from the coercive proceedings initiated by the respon...

judgement 28 Jun 2024
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