Supreme Court Upholds Natural Justice: NCLAT Order Set Aside in Insolvency Case LEGAL ISSUE: Violation of natural justice principles, specifically the right to be heard (audi alteram partem). CASE TYPE: Insolvency Law, specifically under the Insolvency and Bankruptcy Code, 2016 (IBC). Case Name: Jai Balaji Industries Limited vs. State Bank of India & Ors. [Judgment […]
Supreme Court Clarifies the interplay between Winding-Up Petitions and IBC Proceedings: Forech India Ltd. vs. Edelweiss Assets Reconstruction Co. Ltd. (2019) LEGAL ISSUE: The interplay between winding-up petitions filed under the Companies Act and insolvency proceedings initiated under the Insolvency and Bankruptcy Code, 2016 (IBC). CASE TYPE: Insolvency Law Case Name: Forech India Ltd. vs.
Supreme Court Clarifies Limitation Act Applicability to IBC Proceedings Date of the Judgment: 11 October 2018 Citation: (2018) INSC 908 Judges: R.F. Nariman, J. and Navin Sinha, J. Can a creditor initiate insolvency proceedings for a debt that is time-barred under the Limitation Act? The Supreme Court of India addressed this critical question, clarifying the
