Invoking Article 226 for seeking relief in a contractual matter where there is an existing arbitration clause is not an appropriate remedy and neither can the High Court examine the same- Observed Supreme Court Read More »
No conflict between section 17B of the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952 and Insolvency & Bankruptcy Code, 2016 – NCLAT directs full payment of Provident Fund Read More »
Failure to reply to demand notice u/s 8(1) within 10 Days does not preclude the Corporate Debtor from raising the existence of a dispute in a Section 9 application under Insolvency & Bankruptcy Code, 2016 (“IBC”) – Observed NCLAT Delhi Read More »
DMRC to pay decretal amount of over 6k crores to DAMPEL by May 31, 2022 for the enforcement of arbitral award- Directs Delhi High Court Read More »
Whether claim of licence for use of occupation of immovable premises is an operational debt u/s 5(21) of Insolvency and Bankruptcy Code, 2016 (“IBC”) -NCLAT refers to larger bench Read More »
Retired partner cannot initiate proceedings under Insolvency and Bankruptcy Code, 2016 (“IBC”) against other partners or firm for retirement dues- observed NCLT, Mumbai Read More »
Initiation of CIRP not mandatory for maintainability of an application against personal guarantors U/S 95, Insolvency and Bankruptcy Code, 2016 (“IBC”) – observed NCLT, Kochi Read More »
Acknowledgment of debt in the balance sheet of the corporate debtor comes within the meaning of acknowledgment u/s 18 of the Limitation Act – reiterated NCLT, Kochi Read More »
Business to Business disputes cannot be construed to as Consumer Dispute – observed Supreme Court Read More »
ROC imposes a penalty of Rs. 2 Lakh u/s 56(6) of Companies Act,2013 for the delay in issue of Share Certificates as prescribed u/s 56(4) of Companies Act,2013 Read More »
Limitation under Section 9 of IBC commences only upon the occurrence of default and not when the debt becomes due – observed Supreme Court Read More »
Superseded Directors Under RBI Act, not entitled to notice of CoC meetings – NCLAT observed Read More »
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