Supreme Court Orders Implementation of Resolution Plan in Amtek Auto Insolvency Case LEGAL ISSUE: The core legal issue revolves around the implementation of a resolution plan under the Insolvency and Bankruptcy Code, 2016 (IBC), specifically when a successful resolution applicant fails to adhere to the approved plan. CASE TYPE: Insolvency Law Case Name: Committee of […]
Supreme Court Allows Delayed Claim in Insolvency Case: GPR Power Solutions vs. Supriyo Chaudhuri (2021) LEGAL ISSUE: Whether the delay in filing a claim by a creditor in the Corporate Insolvency Resolution Process (CIRP) can be condoned, considering the Supreme Court’s orders on extending limitation periods during the COVID-19 pandemic. CASE TYPE: Insolvency Law Case
Supreme Court Clarifies NCLT’s Jurisdiction in Contract Termination During CIRP: Tata Consultancy Services vs. SK Wheels (2021) LEGAL ISSUE: Scope of the National Company Law Tribunal’s (NCLT) residuary jurisdiction under Section 60(5)(c) of the Insolvency and Bankruptcy Code (IBC) to adjudicate contractual disputes during the Corporate Insolvency Resolution Process (CIRP). CASE TYPE: Insolvency Law, Contract
Supreme Court Clarifies Limitation for IBC Appeals: Nagarajan vs. SKS Ispat (2021) LEGAL ISSUE: Determining the limitation period for appeals under the Insolvency and Bankruptcy Code, 2016 (IBC). CASE TYPE: Insolvency Law Case Name: V Nagarajan vs. SKS Ispat and Power Ltd. & Ors. [Judgment Date]: 22 October 2021 Introduction Date of the Judgment: 22
Supreme Court Upholds Pre-Existing Dispute in Insolvency Case: Jai Balaji Industries vs. D.K. Mohanty (2021) LEGAL ISSUE: Whether a pre-existing dispute, for the purposes of Section 8 of the Insolvency and Bankruptcy Code, 2016, includes a situation where an appeal against an arbitral award is dismissed in default but subsequently restored. CASE TYPE: Insolvency Law
Supreme Court Upholds Admission of Insolvency Application Based on Acknowledgment of Debt: Rajendra Narottamdas Sheth vs. Chandra Prakash Jain (2021) LEGAL ISSUE: Whether an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 is maintainable when filed by a power of attorney holder and whether such application is barred by limitation. CASE TYPE:
Supreme Court Dismisses Appeal on Resolution Plan Approval: Panch Tatva Promoters vs. GPT Steel Industries (2021) Date of the Judgment: September 17, 2021 Citation: Not Available Judges: Justice Dinesh Maheshwari and Justice Vikram Nath Can a higher court interfere with a resolution plan approved by the Committee of Creditors before it goes to the Adjudicating
Supreme Court Upholds Withdrawal of CIRP, Prioritizing Corporate Revival: K.N. Rajakumar vs. V. Nagarajan (2021) LEGAL ISSUE: Whether the Committee of Creditors (CoC) should be reconstituted based on updated claims before allowing the withdrawal of the Corporate Insolvency Resolution Process (CIRP). CASE TYPE: Insolvency Law Case Name: K.N. Rajakumar vs. V. Nagarajan & Ors. Judgment
Supreme Court Upholds Limitation for Appeals Under IBC: National Spot Exchange Ltd. vs. Dunar Foods Ltd. (2021) LEGAL ISSUE: Whether the National Company Law Appellate Tribunal (NCLAT) can condone delays exceeding 15 days in filing appeals under the Insolvency and Bankruptcy Code (IBC). CASE TYPE: Insolvency Law Case Name: National Spot Exchange Limited vs. Mr.
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 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 Clarifies Limitation for IBC Applications: Dena Bank vs. C. Shivakumar Reddy (2021) LEGAL ISSUE: Applicability of limitation period under the Insolvency and Bankruptcy Code, 2016 (IBC) and the effect of acknowledgment of debt. CASE TYPE: Insolvency Law Case Name: Dena Bank (now Bank of Baroda) vs. C. Shivakumar Reddy and Anr. Judgment Date:
