Supreme Court clarifies ineligibility under Section 29A(h) of IBC: Bank of Baroda vs. MBL Infrastructures (2022) LEGAL ISSUE: Interpretation of Section 29A(h) of the Insolvency and Bankruptcy Code, 2016 concerning the eligibility of a resolution applicant who has provided a guarantee to a creditor. CASE TYPE: Insolvency Law Case Name: Bank of Baroda & Anr. […]
Supreme Court Clarifies Eligibility Under Section 29A(h) of IBC: Bank of Baroda vs. MBL Infrastructures (2022) Date of the Judgment: January 18, 2022 The Supreme Court of India, in a recent judgment, addressed a critical question regarding the eligibility of resolution applicants under the Insolvency and Bankruptcy Code, 2016 (IBC). Specifically, the court examined whether
Supreme Court Clarifies Ineligibility under Section 29A(h) of IBC for Guarantors: Bank of Baroda vs. MBL Infrastructures Ltd. (2022) LEGAL ISSUE: Interpretation of Section 29A(h) of the Insolvency and Bankruptcy Code, 2016 regarding the eligibility of a personal guarantor to submit a resolution plan. CASE TYPE: Insolvency Law Case Name: Bank of Baroda & Anr.
Supreme Court Allows Appeal Against DRT Order in Securitisation Act Case: M/S. Neel Enterprises vs. State Bank of India (2018) Date of the Judgment: May 10, 2018 Citation: M/S. Neel Enterprises & Anr. vs. State Bank of India & Anr., Civil Appeal No. 4989 of 2018 (Arising out of SLP(C) No. 7085/2016) Judges: Kurian Joseph,
Supreme Court Upholds Auction Sale of Hotel, Clarifies Section 13(3A) of SARFAESI Act: ITC vs. Blue Coast Hotels (2018) LEGAL ISSUE: Whether the failure to reply to a borrower’s representation under Section 13(3A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) invalidates subsequent actions by the
