Nearly Decade-Long Delay in Patnitop Illegal Construction PIL Appalls J&K&L High Court; Directs PDA CEO to Join Proceedings
07 Mar 2026
Punjab & Haryana HC Denies Anticipatory Bail in Murder via Humiliation Case: Sections 103(1) & 3(5) BNS
07 Mar 2026
Employees Under CCS Pension Rules Excluded from PG Act Section 2(e) Gratuity: Delhi HC Upholds Forfeiture on Resignation
07 Mar 2026
Security Deposit Forfeiture Without Show-Cause Notice Violates Natural Justice: Himachal Pradesh High Court
07 Mar 2026
S.202 CrPC Inquiry Not Mandatory for Public Servant Complaints If Accused Outside Jurisdiction: Supreme Court
09 Mar 2026
Professor MP Singh: Shaper of Constitutional Discourse
09 Mar 2026
Supreme Court Orders No-Fault Vaccine Compensation Policy
11 Mar 2026
Delhi Sessions Court Upholds Conviction Under Sections 354, 354A IPC on Victim's Sole Reliable Testimony Despite No CCTV
11 Mar 2026
Kerala HC Seeks Dileep Response in 2017 Assault Appeal
11 Mar 2026
Back
Next 
A. S. BOPANNA, DIPANKAR DATTA
Compack Enterprises India Private Limited – Appellant
Versus
Jitendra Impex Private Limited – Respondent
Headnote: Read headnote
ORDER :
1. Heard learned counsel for the appellant as also learned senior counsel for the respondent and perused the appeal papers.
2. The appellant is before this Court assailing the judgment dated 10.08.2020 passed by the National Company Law Appellate Tribunal, New Delhi (NCLAT). The respondent herein had filed an application under Section 9 of the Insolvency and Bankruptcy Code (IBC) since according to the respondent, the appellant was due to pay the amount as claimed and stated in the application. The appellant herein were termed as the Corporate debtors.
3. The National Company Law Tribunal (NCLT) through its order dated 23.08.2019, after taking note of the rival contentions, had arrived at the conclusion that the claim as made was not justified and the proceedings under IBC was not sustainable. The respondent herein claiming to be aggrieved by the said order was before the NCLAT. It is in that circumstance, the NCLAT had passed the judgment dated 10.08.2020 which is impugne
The court emphasized that claims under the Insolvency Code must consider all permissible invoices within the limitation period.
Appeal – Limitation stops running on e-filing of appeal before NCLAT and not on presentation of physical copy – Date on which limitation begins to run is intrinsically linked to date of pronouncement....
The court ruled that the NCLAT erred in approving a settlement without adhering to the procedural requirements of the Insolvency and Bankruptcy Code, emphasizing the collective nature of insolvency p....
Order passed contrary to rules and in violation of natural justice is liable to be set aside.
A Civil Court cannot entertain suits regarding matters under the jurisdiction of the National Company Law Tribunal as per IBC sections 63 and 231.
The NCLT has jurisdiction to adjudicate insolvency petitions against personal guarantors even in the absence of pending CIRP against the corporate debtor, as per the provisions of the Insolvency and ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
Listen Article