corporate law cases 2023

Sanjay Pandurang Kalate VS Vistra ITCL (India) Limited - 04 Dec 23

India - Supreme Court

of National Company Law Appellate Tribunal. ... Findings of Court: On 15 May 2023, soon after decision in Sanket Agarwal (2023 SCC OnLine ... Insolvency and Bankruptcy Code, 2016 – Section 61 – National Company Law Tribunal Rules, 2016 – Rules 146 ... the Corporate Debtor. ... Disposal of Cases. ... of the National Company Law Appellate Tribunal.

In the matter of : M/S. Abhijeet Projects Ltd VS Yogesh Khanna - 16 Aug 23

India - Calcutta

substantial progress in liquidation proceeding and it cannot be said that company in liquidation has suffered and/or likely to suffer a corporate ... ) with the ultimate object to resuscitate the corporate debtors who are in the red and in some cases to prevent parallel proceedings ... All the appeals involve common questions of law and fact and accordingly are heard analogously. ... APO 14 of 2023 with I....

Amit Sureshmal Lodha VS Alloysmin Industries - 19 Apr 23

India - Delhi

Negotiable Instruments Act - Corporate Insolvency Resolution Process - Sections 138, 141 and 142 of the Negotiable Instruments ... The petitioners argued that the Corporate Insolvency Resolution Process had been initiated for the respondent company, and therefore ... and in some cases, the petitioners do have genuine defence, but instead of following due procedure of law, as provided under the ... (Oral) CRL.M.A. 10106/#HL....

Edelweiss Asset Reconstruction Company Limited VS Meeti Developers Private Limited - 03 Sep 24

India - Bombay

2016 - Section 14 - Moratorium - The court discussed the implications of the moratorium on the continuation of suits against the corporate ... alter the nature of the suit and that the moratorium under the IBC applies to actions enforcing security interests created by the corporate ... Such an amendment is not permissible in law, submitted Mr. Andhyarujina. ... By a Judgment and Order dated 12th September 2023, the Commerc....

Virjin Puspha VS Commissioner of School Education, Chennai - 20 Jul 23

India - Madras

Writ Petition - Appointment Dispute - Rules and Regulations for schools in the corporate management of the R.C. ... Issues: Violation of Rules and Regulations for schools in the corporate management of the R.C. ... on 05.06.2023,a new corporate manager one Rev.Fr.S.MariaRajendran came to beappointed as the corporate manager (Secretary cum Treasurer ... In furtherance of the same, vide anotherimpugned ord....

Madurakavi Kistaiah VS Singareni Collieries Company Limited - 30 Aug 24

India - Telangana

Findings of Court: The Court found that the categorization under Clause (ii) was not sustainable for cases ... of permanent disability should not be categorized under general physical debility and directed the Medical Board to reassess the cases ... directed the respondents to act in terms of the National Coal Wage Agreement-VI and to pass appropriate orders in accordance with law ... in reference No.SRP/PER/11.003/2750 dt.29.05.....

State Bank of India VS Consortium of Mr. Murari Lal Jalan and Mr. Florian Fritsch - 07 Nov 24

India - Supreme Court

Regulation 36B(4A) – Non-payment of airport dues and workmen's dues led to the conclusion that the Resolution Plan had failed – Corporate ... Conditions Precedent as stipulated in the Resolution Plan, leading to the invocation of the PBG and subsequent liquidation of the Corporate ... In the second type of cases, the substantial question of law arises not because the law is still debatable, but because th....

Ultratech Cement Ltd. VS Maxout Infrastructures Pvt. Ltd. - 10 Jul 23

India - Delhi

clarified that any matter transferred to the NCLT under Section 434(1)(c) should be dealt with as an application for initiation of Corporate ... pending before the Board of Company Law Administration (herein in this section referred to as the Company Law Board) constituted ... Thereafter, the NCLT in its order dated 1st May, 2023 seeks the following clarification. ... List the matter on 30.05.2023." 8.

State Bank of India VS Consortium of Mr Murari Lal Jalan and Mr Florian Fritsch - 18 Jan 24

India - Supreme Court

of its obligations – It must do so in strict compliance with time schedule set out hereafter – Timely resolution of insolvency cases ... This batch of appeals arises from three orders of the National Company Law Appellate Tribunal1[“NCLAT”]. ... The timely resolution of insolvency cases is vital for sustaining the effectiveness and credibility of the insolvency framework. ... The Plan received the imprimatur of the Adjudicating Authority – ....

Chief General Manager BSNL U. P. East Lucknow VS Dilip Singh - 11 May 23

India - Allahabad

(D) dated 09.10.1998, Circular No. 272-18/2005-Pers.IV, dated 27.06.2007 - The court analyzed the law applicable to compassionate ... of the Court: The court found that the Tribunal's decision was based on an incorrect appreciation of the law ... treated as eligible for consideration by Corporate Office High Power Committee for compassionate ground appointment; and (b) Cases ... 7.0 The High Power Committee of the #HL_STA....

Indiabulls Asset Reconstruction Company Limited VS Ram Kishore Arora - 11 May 23

India - Supreme Court

Fact of the Case: The appeals were filed by financial creditors against an order passed by the National Company Law ... IBC - Corporate Insolvency Resolution Process - Section 7, Section 29-A, Section 12 - The court discussed the application of the ... The key legal provisions discussed include Section 7 (initiation of corporate insolvency resolution process by financial creditor ... The other appeal, being Civil Appeal No. 1975 of #HL_STA....

DIAMOND POWER INFRASTRUCTURE LIMITED VS ASST. DIRECTOR, DIRECTORATE OF ENFORCEMENT - 27 Aug 24

India - Gujarat

the corporate insolvency resolution process after the approval of a resolution plan. ... Insolvency - Corporate Debtor - IB Code, 2016 Sections 31, 32A - The court interpreted Section 32A of the ... IB Code, 2016, emphasizing that a corporate debtor is immune from prosecution for prior offences once a resolution plan is approved ... The order dated 10/04/2023 in all the revision applications, are quashed and set aside, wit....

Orissa Manganese and Minerals Limited, through its authorised signatory Niraj Kumar Gupta VS Commissioner, Central Goods and Service Tax and Central Excise, Jamshedpur - 20 Feb 24

India - Jharkhand

of the resolution plan under the IBC, and thus the rejection of the refund application was based on a misinterpretation of the law ... Therefore, in all cases where the appellate authority has decided the matter in favour of the appellant, refund with interest should ... The Revenue has placed reliance on judgments of the Hon’ble Supreme Court in the cases of: p align="justify ... Principal Commissioner, CGST & CX [WPT No. 1995/....

A AND A INTERNATIONAL TRADING PVT LTD VS EMPEE POWER COMPANY INDIA LTD - 04 Mar 24

India - National Company Law Tribunal

It also referenced relevant case law and the Supreme Court's interpretation that non-filing of claims does not deny the benefit of ... The Corporate Debtor was admitted into CIRP and subsequently into liquidation. ... The Liquidator realized sums from the assets of the Corporate Debtor to be distributed among creditors and stakeholders. ... Reference is made of the cases. “C.G. Vijyalakshmi and Ors. V. ... Accordingly,....

West Bengal Power Development Corporation Ltd. VS Ujaas Energy Ltd. - 21 Aug 24

India - Calcutta

of the Court: The court found that the approval of the Resolution Plan extinguished all claims against the corporate ... On October 13, 2023, a Resolution Plan was approved by the National Company Law Tribunal (NCLT), Kolkata, thereby culminating the ... The IBC is a complete code in itself, and the judgments cited by the respondent/petitioner do not deal with cases relating to the ... to the approval of the Resolution Pla....

Re-m/s Catmoss Retail Pvt. Ltd. VS . - 07 Feb 24

India - Delhi

The court emphasizes that proceedings under Section 138 of the NI Act cannot continue against the corporate debtor and its directors ... Ratio Decidendi: Proceedings under Section 138 of the NI Act cannot continue against the corporate debtor ... Finding of the Court: The court held that complaints under Section 138 of the NI Act instituted against the corporate ... State of Andha Pradesh, (2023) 8 SCC 473. ... under Sect....

A Rajendra VS Gonugunta Madhusudhan Rao - 04 Apr 25

India - Supreme Court

of the case: Present appeals have been preferred against Order dated 18.01.2024 passed by National Company Law ... (Paras 13 and 14) (C) Limitation Act, 1963 – Section 12(2) – Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate ... Two appeals were preferred before the NCLAT against two separate orders passed on 20.07.2023 by the National Company Law Tribunal ... Whereas, as a matter of fa....

Shiva Shakti Grains (India) Pvt Ltd VS Kaur Chand Munish Kumar - 12 Mar 24

India - Punjab and Haryana

Act cannot be quashed due to moratorium under the IBC; personal guarantors remain liable despite corporate insolvency resolution. ... The application was admitted to Corporate Insolvency Resolution Process on 8th of June, 2023 and interim resolution professional ... 2023(10) SCC 545. 6. ... Broom's "Legal Maxims" contains several illustrative cases in support of the maxim.

Arcelormittal India Pvt. Ltd. VS Jsc Ogcc Kazstroyservice - 30 May 23

India - Delhi

2015 - Recovery of Debts and Bankruptcy Act, 1993 - Insolvency and Bankruptcy Code, 2016 - Limitation Act, 1963 - Jurisdiction - Corporate ... The Court also held that the defendant's liability under the Corporate Guarantee was co-extensive with that of the principal debtor ... The plaintiff's claim was based on a Corporate Guarantee executed by the defendant in favor of the plaintiff's assignor, and subsequent ... To cases#HL_END....

Bharat Peraj Bhanushali VS Union of India - 07 Feb 23

India - Delhi

Fact of the Case: The disqualification of directors and deactivation of DIN/DSC by the Ministry of Corporate Affairs ... directors and the deactivation of Directors Identification Number (DIN) and Digital Signature Certificate (DSC) by the Ministry of Corporate ... concerned ROCs and emphasized that all ROCs are bound to give effect to orders passed by the various High Courts, especially in cases ... CM APPL. 3540/2023 ....

Searched Results

Sanjay Pandurang Kalate VS Vistra ITCL (India) Limited - 04 Dec 23

In the matter of : M/S. Abhijeet Projects Ltd VS Yogesh Khanna - 16 Aug 23

Amit Sureshmal Lodha VS Alloysmin Industries - 19 Apr 23

Edelweiss Asset Reconstruction Company Limited VS Meeti Developers Private Limited - 03 Sep 24

Virjin Puspha VS Commissioner of School Education, Chennai - 20 Jul 23

Madurakavi Kistaiah VS Singareni Collieries Company Limited - 30 Aug 24

State Bank of India VS Consortium of Mr. Murari Lal Jalan and Mr. Florian Fritsch - 07 Nov 24

Ultratech Cement Ltd. VS Maxout Infrastructures Pvt. Ltd. - 10 Jul 23

State Bank of India VS Consortium of Mr Murari Lal Jalan and Mr Florian Fritsch - 18 Jan 24

Chief General Manager BSNL U. P. East Lucknow VS Dilip Singh - 11 May 23

Indiabulls Asset Reconstruction Company Limited VS Ram Kishore Arora - 11 May 23

DIAMOND POWER INFRASTRUCTURE LIMITED VS ASST. DIRECTOR, DIRECTORATE OF ENFORCEMENT - 27 Aug 24

Orissa Manganese and Minerals Limited, through its authorised signatory Niraj Kumar Gupta VS Commissioner, Central Goods and Service Tax and Central Excise, Jamshedpur - 20 Feb 24

A AND A INTERNATIONAL TRADING PVT LTD VS EMPEE POWER COMPANY INDIA LTD - 04 Mar 24

West Bengal Power Development Corporation Ltd. VS Ujaas Energy Ltd. - 21 Aug 24

Re-m/s Catmoss Retail Pvt. Ltd. VS . - 07 Feb 24

A Rajendra VS Gonugunta Madhusudhan Rao - 04 Apr 25

Shiva Shakti Grains (India) Pvt Ltd VS Kaur Chand Munish Kumar - 12 Mar 24

Arcelormittal India Pvt. Ltd. VS Jsc Ogcc Kazstroyservice - 30 May 23

Bharat Peraj Bhanushali VS Union of India - 07 Feb 23