Supreme Court Clarifies Moratorium Under IBC Does Not Bar Proceedings Against Company Directors Date of the Judgment: 17 January 2024 Citation: 2024 INSC 54 Judges: Abhay S. Oka, J., Ujjal Bhuyan, J. Can the directors of a company be held liable for a consumer court order when the company is undergoing insolvency proceedings? The Supreme […]
Supreme Court Clarifies Liability Under Section 138 NI Act Post IBC Resolution Date of the Judgment: March 15, 2023 Citation: (2023) INSC 218 Judges: Sanjay Kishan Kaul, J. and Abhay S. Oka, J. (Majority Opinion by Sanjay Kishan Kaul, J., Concurring Opinion by J.B. Pardiwala, J.) Can a director of a company be held liable
Supreme Court Clarifies Liability of Directors in Cheque Dishonor Cases Post IBC Resolution Date of the Judgment: March 15, 2023 Citation: 2023 INSC 232 Judges: Sanjay Kishan Kaul, J. and Abhay S. Oka, J. (authored by Sanjay Kishan Kaul, J.) and J.B. Pardiwala, J. (Concurring Opinion) Can a director of a company be held liable
Supreme Court Allows Benefit of Sabka Vishwas Scheme Despite Moratorium: Shekhar Resorts vs. Union of India (2023) LEGAL ISSUE: Whether a company facing a moratorium under the Insolvency and Bankruptcy Code (IBC) can be denied the benefits of the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019, if it could not make payments within the scheme’s
Supreme Court Allows Settlement Under Sabka Vishwas Scheme Despite IBC Moratorium Date of the Judgment: 5 January 2023 Citation: (2023) INSC 15 Judges: M.R. Shah, J. and B.V. Nagarathna, J. Can a company be denied the benefits of the “Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019” if it could not make payments due to a
Supreme Court Clarifies Moratorium Under IBC: Indian Overseas Bank vs. RCM Infrastructure Ltd. (2022) LEGAL ISSUE: The core legal issue is whether a sale of assets under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) is complete upon confirmation of sale or upon full payment and issuance
Supreme Court Clarifies Moratorium Impact on Corporate Debtor’s Arbitration Claims: New Delhi Municipal Council vs. Minosha India Limited (2022) INSC 423 LEGAL ISSUE: Whether a moratorium under the Insolvency and Bankruptcy Code (IBC) extends the limitation period for a corporate debtor to initiate arbitration proceedings. CASE TYPE: Arbitration, Insolvency Case Name: New Delhi Municipal Council
Supreme Court Clarifies Moratorium’s Impact on Section 138 NI Act Cases: Narinder Garg vs. Kotak Mahindra Bank (2022) Date of the Judgment: 28 March 2022 Citation: [Not Available in Source] Judges: Uday Umesh Lalit, S. Ravindra Bhat, Pamidighantam Sri Narasimha, JJ. Can a corporate debtor facing insolvency proceedings be prosecuted under Section 138 of the
Supreme Court Clarifies Moratorium Under IBC: Anjali Rathi & Ors. vs. Today Homes & Infrastructure Pvt. Ltd. (2021) LEGAL ISSUE: Whether the moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016 (IBC) extends to the personal properties of the promoters of a corporate debtor. CASE TYPE: Insolvency Law, Consumer Law Case Name: Anjali
Supreme Court Upholds NCLT Jurisdiction in Contractual Disputes Arising from Insolvency: Gujarat Urja Vikas Nigam Limited vs. Amit Gupta & Ors. (2021) INSC 123 LEGAL ISSUE: Whether the National Company Law Tribunal (NCLT) has jurisdiction over contractual disputes arising from insolvency proceedings and the validity of ipso facto clauses in Power Purchase Agreements (PPAs). CASE
Supreme Court Clarifies Moratorium Under IBC Does Not Bar Section 138 NI Act Proceedings Against Corporate Debtors (2021) LEGAL ISSUE: Whether the moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016 (IBC) applies to proceedings under Section 138 of the Negotiable Instruments Act, 1881. CASE TYPE: Insolvency and Criminal Law Case Name: P.
Supreme Court Directs Consideration of Depositors’ Claims in DHFL Insolvency: Vinay Kumar Mittal vs. DHFL (2020) LEGAL ISSUE: Whether the claims of fixed deposit holders should be prioritized over other creditors during the insolvency resolution process of a financial service provider. CASE TYPE: Insolvency Law Case Name: Vinay Kumar Mittal & Ors. vs. Dewan Housing
