Supreme Court Upholds Resolution Plan, Prioritizing IBC Over SEZ Act: Noida SEZ vs. Manish Agarwal (2024) LEGAL ISSUE: Whether the Insolvency and Bankruptcy Code, 2016 (IBC) overrides the Special Economic Zone Act, 2005 (SEZ Act) in the context of a resolution plan. CASE TYPE: Insolvency Law Case Name: Noida Special Economic Zone Authority vs. Manish […]
Supreme Court overturns NCLT order on revaluation of assets in insolvency case: Ramkrishna Forgings Limited vs. Ravindra Loonkar (2023) LEGAL ISSUE: Whether the National Company Law Tribunal (NCLT) can order a revaluation of a corporate debtor’s assets after the Committee of Creditors (CoC) has approved a resolution plan. CASE TYPE: Insolvency and Bankruptcy Law Case
Supreme Court Upholds Rejection of Resolution Plan Due to Ineligibility and Procedural Lapses: M.K. Rajagopalan vs. Dr. Periasamy Palani Gounder (2023) LEGAL ISSUE: Whether a resolution plan can be approved despite the resolution applicant’s ineligibility and procedural irregularities in the Corporate Insolvency Resolution Process (CIRP). CASE TYPE: Insolvency Law Case Name: M.K. Rajagopalan vs. Dr.
Supreme Court Clarifies Valuation and Eligibility in Corporate Insolvency: M.K. Rajagopalan vs. Dr. Periasamy Palani Gounder (2023) Date of the Judgment: 03 May 2023 Citation: 2023 INSC 486 Judges: Justice Dinesh Maheshwari, Justice Vikram Nath. Can a resolution applicant be disqualified for a conflict of interest arising from their role in a charitable trust? The
Supreme Court Clarifies Status of State Tax Dues under IBC: State Tax Officer vs. Rainbow Papers Limited (2022) LEGAL ISSUE: Whether the State Tax Department can claim first charge over the property of a Corporate Debtor under the Gujarat Value Added Tax Act, 2003, despite the provisions of the Insolvency and Bankruptcy Code, 2016. CASE
Date of the Judgment: 13 September 2021 Citation: (2021) INSC 609 Judges: Dr Dhananjaya Y Chandrachud, J and M. R. Shah, J Can a successful resolution applicant withdraw their resolution plan after it has been approved by the Committee of Creditors (CoC) but before final approval by the National Company Law Tribunal (NCLT)? The Supreme
Supreme Court Clarifies Powers of Adjudicating Authority in Jaypee Infratech Resolution Plan (24 March 2021) LEGAL ISSUE: Scope of powers and jurisdiction of the Adjudicating Authority while dealing with the resolution plan approved by the Committee of Creditors. CASE TYPE: Corporate Insolvency Resolution Process (CIRP) Case Name: Jaypee Kensington Boulevard Apartments Welfare Association & Ors.
Supreme Court Upholds Resolution Plan, Emphasizes Commercial Wisdom of Creditors: Maharashtra Seamless Ltd. vs. Padmanabhan Venkatesh (2020) LEGAL ISSUE: Whether a resolution plan under the Insolvency and Bankruptcy Code, 2016 (IBC) must match the liquidation value of the corporate debtor and whether a successful resolution applicant can withdraw from the process after the plan’s approval.
