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DIPANKAR DATTA, AUGUSTINE GEORGE MASIH
ICICI Bank Limited – Appellant
Versus
Era Infrastructure (India) Limited – Respondent
JUDGMENT :
DIPANKAR DATTA, J.
| I. | Introduction |
| II. | Read more document |
The DRT has jurisdiction to entertain applications against personal guarantors and Section 60(1) of the IBC cannot be read to confer exclusive jurisdiction only on the NCLT.
Avoidance applications under the IBC can continue beyond the conclusion of corporate insolvency resolution process (CIRP), as they primarily benefit creditors and the resolution professional retains ....
Section 14 of IBC 2016 relates to moratorium which will come into play in corporate Insolvency Resolution Processes initiated by Financial Creditors, Operational Creditors and by Corporate Applicants....
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....
[The court established that the approval of a resolution plan for a corporate guarantor does not discharge the principal debtor's liability, and creditors retain the right to pursue both the guaranto....
The IBC has overriding effect over the Companies Act, and failure to comply with statutory timelines renders a Scheme of Arrangement unenforceable, enabling initiation of Corporate Insolvency Resolut....
The proceedings under Section 7 of the Insolvency and Bankruptcy Code cannot be barred by the pendency of separate proceedings under the Debts Recovery Tribunal, given the overriding effect of IBC pr....
Time for computing limitation period for filing application under Section 7 of IBC would be guided by Article 137 of Limitation Act.
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