Supreme Court Clarifies Limitation for IBC Appeals: Sanket Kumar Agarwal vs. APG Logistics (2023) LEGAL ISSUE: Calculation of limitation period for appeals under the Insolvency and Bankruptcy Code, 2016. CASE TYPE: Insolvency Law Case Name: Sanket Kumar Agarwal & Anr vs. APG Logistics Private Limited [Judgment Date]: May 1, 2023 Introduction Date of the Judgment: […]
Supreme Court Allows Withdrawal of CIRP Before CoC Formation: Abhishek Singh vs. Huhtamaki PPL Ltd. (2023) LEGAL ISSUE: Whether a Corporate Insolvency Resolution Process (CIRP) can be withdrawn before the constitution of the Committee of Creditors (CoC) when a settlement has been reached between the Operational Creditor (OC) and the Corporate Debtor (CD). CASE TYPE:
Supreme Court Allows Withdrawal of CIRP Before CoC Formation: Abhishek Singh vs. Huhtamaki PPL Ltd. (2023) Date of the Judgment: 28 March 2023 Citation: 2023 INSC 308 Judges: B.R. Gavai, J., Vikram Nath, J. Can a company undergoing the Corporate Insolvency Resolution Process (CIRP) withdraw the process if it settles with the operational creditor before
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 Upholds Inclusion of Development Rights as Corporate Assets in Insolvency: Victory Iron Works Ltd. vs. Jitendra Lohia (2023) LEGAL ISSUE: Whether development rights of a corporate debtor over a property can be considered as an asset during the Corporate Insolvency Resolution Process (CIRP). CASE TYPE: Insolvency Law Case Name: Victory Iron Works Ltd.
Supreme Court Upholds Inclusion of Development Rights as Corporate Debtor’s Asset in Insolvency: Victory Iron Works Ltd. vs. Jitendra Lohia (2023) LEGAL ISSUE: Whether development rights of a Corporate Debtor over a property can be considered as its asset for the purpose of the Insolvency and Bankruptcy Code, 2016. CASE TYPE: Corporate Insolvency Resolution Process
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 Limitation and Pre-Existing Dispute in Insolvency Cases: Sabarmati Gas vs. Shah Alloys (2023) LEGAL ISSUE: Whether the period of suspension of legal proceedings under the Sick Industrial Companies Act (SICA) can be excluded when calculating the limitation period for applications under Section 9 of the Insolvency and Bankruptcy Code (IBC), and whether
Supreme Court on Pre-Existing Dispute under IBC: Rajratan Babulal Agarwal vs. Solartex India Pvt. Ltd. (2022) LEGAL ISSUE: Whether a ‘pre-existing dispute’ existed to reject an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC). CASE TYPE: Insolvency and Bankruptcy Law Case Name: Rajratan Babulal Agarwal vs. Solartex India Pvt. Ltd. &
Supreme Court Allows Withdrawal of CIRP Application Before CoC Formation LEGAL ISSUE: Whether an application for Corporate Insolvency Resolution Process (CIRP) can be withdrawn before the constitution of the Committee of Creditors (CoC). CASE TYPE: Insolvency Law Case Name: Ashok G. Rajani vs. Beacon Trusteeship Ltd. & Ors. Judgment Date: 22 September 2022 Introduction Date
