Supreme Court Stays Insolvency Of Lotus 300 Developer, Seeks Response On Why CBI Probe Should Not Be Ordered

The Supreme Court on Tuesday stayed the ongoing corporate insolvency resolution process against Hacienda Projects Private Ltd, the developer of the Lotus 300 housing project at Sector 107, Noida. It…

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IBC | Defunct Scheme Of Arrangement Under Companies Act Cannot Stall Corporate Insolvency Resolution Process : Supreme Court

The Supreme Court on Tuesday (February 24) held that a defunct Scheme of Arrangement under the Companies Act cannot stall the Corporate Insolvency Resolution Process proceedings under the Insolvency &…

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Homebuyers society, RWAs can’t intervene in insolvency proceedings against developer: Supreme Court

The Supreme Court on Jan 15 held that a society or Resident Welfare Association of homebuyers has no locus standi (legal standing) to intervene in insolvency proceedings initiated against a real estate…

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Borrowers dont have right to personal hearing before banks classify accounts as fraud: Supreme Court

Important Judgment of Hon'ble Supreme Court on RBI directions on declaration of the account and persons related thereto as fraud. While personal hearing is declined, the Hon'ble Supreme Court has…

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Supreme Court Upholds Validity of Section 101 IBC, Addresses Concern Over Post-Moratorium Creditor Actions in Individual Insolvency

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The Supreme Court Bench comprising CJI Sanjiv Khanna and Justice Sanjay Kumar addressed a writ petition along with linked interlocutory applications and observed that Section 101 of the Insolvency and…

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Approved Resolution Plan Overrides BIFR Scheme: NCLAT Declares All Prior Concessions Extinguished Under IBC

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In a pivotal ruling, the Appellate Tribunal reaffirmed that once a resolution plan is duly approved under Section 31(1) of the Insolvency and Bankruptcy Code, 2016, it becomes binding and…

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EPFO Bound by BIFR’s Final Rehabilitation Scheme: Tribunal Quashes Rejection of Section 14B Waiver

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The Central Government Industrial Tribunal (CGITLC) held that the Employees’ Provident Fund Organisation (EPFO) is bound by the final rehabilitation scheme sanctioned by the Board for Industrial and Financial Reconstruction…

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CoC Approval Mandatory for CIRP Cost Contribution, Rules NCLAT; Sets Aside Order Against Financial Creditor

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The NCLAT Bench comprising Justice Rakesh Kumar Jain (Judicial Member) and Technical Members Mr. Naresh Salecha and Mr. Indevar Pandey, while adjudicating a company appeal, clarified that the resolution professional…

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Winding-Up Proceedings Not Irreversible Must Be Transferred to NCLT under IBC, Rules Delhi High Court

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The Delhi High Court Single-Judge Bench of Justice Ms. Tara Vitasta Ganju, while adjudicating an application seeking the transfer of pending winding-up proceedings against the corporate debtor to the National…

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Approved Resolution Plan Authorises CoC to Pursue Avoidance Applications: Suspended Director Has No Locus to Oppose RP Substitution

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The National Company Law Appellate Tribunal, Principal Bench, comprising Justice Ashok Bhushan (Chairperson) and Mr. Barun Mitra (Technical Member), while adjudicating a company appeal, held that following approval of a resolution…

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