Corporate Law

Tata Steel Ltd. vs Raj Kumar Banerjee 2025 INSC 639 - NCLAT - S. 61 IBC - S.4 Limitation Act

Insolvency and Bankruptcy Code 2016- Section 61(2) -NCLAT has no power to condone delay beyond the period stipulated under the statute - Once the prescribed and condonable periods (i.e., 30 + 15 days) expire, the NCLAT has no jurisdiction to entertain appeals, regardless of the reason for the delay.

Insolvency and Bankruptcy Code

Visa Coke Limited vs Mesco Kalinga Steel Limited 2025 INSC 597-S.8,9 IBC - Demand Notice

Insolvency and Bankruptcy Code 2016 - Section 8,9- Whether the notice served by the Operational Creditor upon the Key Managerial Personnel (KMP) of the Corporate Debtor at their registered office constitutes valid service of the statutory demand notice under Section 8 of the IBC, so as to maintain a

Corporate Law

A Rajendra vs Gonugunta Madhusudhan Rao 2025 INSC 447 - S. 61 IBC - Limitation

Insolvency and Bankruptcy Code 2016 - Section 61 -Litigant has to file its appeal under Section 61(2) within 30 days which can be extended up to a period of 15 days, and no more, upon showing sufficient cause. (Para 18).- The extension of period so provided for has

Corporate Law

Rakesh Bhanot vs Gurdas Agro Pvt. Ltd. 2025 INSC 445 - S.96 IBC - Moratorium - S. 138 NI Act

Insolvency and Bankruptcy Code 2016 - Section 96 ; Negotiable Instruments Act 1881 - Section 138 - The statutory liability against the directors under Section 138 of the N.I. Act, 1881, is personal and hence, continues to bind natural persons, irrespective of any moratorium applicable to the corporate debtor. The

Corporate Law

Piramal Capital And Housing Finance Limited Vs 63 Moons Technologies Limited 2025 INSC 421 - Ss. 31,61 IBC - Resolution Plan

Insolvency and Bankruptcy Code 2016- Section 31 - Once the RP is approved by the Adjudicating Authority, after it is satisfied that the RP as approved by the CoC meets the requirements as referred to in sub-section (2) of Section 30, it shall be binding on the CD and its

Corporate Law

JSW Steel Limited vs Pratishtha Thakur Haritwal 2025 INSC 401 - IBC - Resolution Plan - Contempt

Insolvency and Bankruptcy Code 2016 - Section 31 - All such claims which are not a part of the Resolution Plan, shall stand extinguished and no person will be entitled to initiate or continue any proceedings in respect to a claim, which is not part of the Resolution Plan- 2019

Corporate Law

Vaibhav Goel vs Deputy Commissioner of Income Tax 2025 INSC 375 - S. 31 IBC

Insolvency and Bankruptcy Code - Section 31(1) - all the dues including the statutory dues owed to the Central Government, if not a part of the Resolution Plan, shall stand extinguished and no proceedings could be continued in respect of such dues for the period prior to the date

Corporate Law

Saranga Anilkumar Aggarwal vs Bhavesh Dhirajlal Sheth 2025 INSC 314 - S 96 IBC - Moratorium - Consumer Case

Insolvency and Bankruptcy Act 2016 - Section 96 ; Consumer Protection Act - Section 27 - The penalties imposed by the NCDRC are regulatory in nature and do not constitute "debt" under the IBC- practices. The penalties under Section 27 of the CP Act are aimed at compelling compliance

Corporate Law

Bank Of Baroda vs Farooq Ali Khan 2025 INSC 253 -Ss. 94-100 IBC - Judicial Review

Insolvency and Bankruptcy Code 2016 - Section 94-100 -The appointment of a resolution professional, at the very threshold, is statutorily mandated under Section 97 of the IBC - Adjudicating Authority does not adjudicate any point at this stage and need not decide jurisdictional questions regarding existence of the debt before

Corporate Law

State Bank Of India Assistant Manager Vs India Power Corporation Limited - S 7 IBC - Filing Of Additional Documents

Insolvency and Bankruptcy Code, 2016 - Section 7 - In the absence of any express provision which prohibits or sets a time-line for filing of additional documents, there is no bar to the filing of documents over and above those documents initially filed with Section 7 petition - It is

Corporate Law

Mukund Choudhary vs Union Of India - S 101 IBC - Outer Limit Moratorium - Constitutional Validity

Insolvency and Bankruptcy Code, 2016 - Section 101 -Writ petition challenging constitutional vires of Section 101 which fixes an outer limit of 180 days for operation of the moratorium - Dismissing WP, SC observed: This is a case of individual insolvency and not corporate insolvency. The object and purpose of

Corporate Law

Digvijay Laxhamsinh Gaekwad (Danny Gaekwad) vs Sapna Govind Rao 2025 INSC 189 - SEBI Regulations

Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 - Regulation 20 - No legal aspect involved in this order. 2025 INSC 189 Digvijay Laxhamsinh Gaekwad (Danny Gaekwad) vs Sapna Govind Rao - SEBI Regulations2025 INSC 189 Digvijay Laxhamsinh Gaekwad (Danny Gaekwad) vs Sapna Govind

Corporate Law

Independent Sugar Corporation Ltd. Vs Girish Sriram Juneja 2025 INSC 124 - IBC - Competition Act

Insolvency and Bankruptcy Code 2016 - Section 31 -For a Resolution Plan containing a combination, the CCI’s approval to the Resolution Plan, in our opinion, must be obtained before and consequently, the CoC’s examination and approval should be only after the CCI’s decision.- The proviso to

Corporate Law

Mohammed Enterprises (Tanzania) Ltd. vs Farooq Ali Khan 2025 INSC 25 - IBC - Writ Petitions

Constitution of India - Article 226 -Insolvency and Bankruptcy Code 2016- Unjustified interference with the proceedings initiated under the Insolvency and Bankruptcy Code 2016, breaches the discipline of law- Insolvency and Bankruptcy Code is a complete code in itself, having sufficient checks and balances, remedial avenues and appeals. Adherence of

Corporate Law

China Development Bank vs Doha Bank Q.P.S.C. 2024 INSC 1029 - S 5(8),7,14 IBC - Financial Creditor

Insolvency and Bankruptcy Code - Section 14- Section 14(1) imposes an embargo or prohibition on certain acts. However, it does extinguish the claim- If money advanced is secured by a promissory note or a negotiable instrument, a suit for recovery based on the said documents will not lie once

Insolvency and Bankruptcy Code

State Bank Of India vs Consortium of Murari Lal Jalan and Florian Fritsch 2024 INSC 852 - IBC - NCLT & NCLAT

Insolvency and Bankruptcy Code 2016 (IBC)- Existing insolvency framework does not provide any scope for effecting further modifications or withdrawals of the Resolution Plan approved by the CoC, at the behest of the successful resolution applicant, once the plan has been submitted to the adjudicating authority. The submitted Resolution

Insolvency and Bankruptcy Code

Noida Special Economic Zone Authority vs Manish Agarwal 2024 INSC 839 - IBC

Insolvency and Bankruptcy Code 2016 - Sections 30,31- All the dues, including statutory dues owned by the Central Government, State Government and local authority, which is not the part of the Resolution Plan shall stand extinguished and no proceedings in respect of such dues for the period prior to