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Learning Curve Title
Learning Curve 919 Liquidator is not obliged to seek permission of Adjudicating Authority for conducting sale of a Corporate Debtor as a going concern even after the first auction has taken place.
Learning Curve 918 Shareholders of CD have no locus to challenge the initiation of CIRP against the CD.
Learning Curve 917 NCLAT extends benefit of Limitation computation to Appeals filed between 01.11.2022 to 23.12.2022.
Learning Curve 916 If a Corporate Debtor merely requests statements or ledger from the Operational Creditor for verification, then such act would not amount to an admission of claim and would not renew the limitation period.
Learning Curve 915 Creditors must not shift the entire blame on the IRP on grounds of non-performance of duty and make him the scapegoat; the rigours of similar standards of discipline should also apply on the creditors.
Learning Curve 914 NCLT ordered liquidation of CD without mandate of the CoC where the Resolution Applicant wilfully failed to implement the plan.
Learning Curve 913 An application under Section 9 of IBC is not a suit and hence, the bar under Section 69(2) of Indian Partnership Act, 1932 is not applicable to a Section 9 application.
Learning Curve 912 By paying only 35.13% of the PF and Gratuity dues and thus treating the workmen/employees as Secured Creditors, the approved resolution plan violated Section 30(2) of IBC.
Learning Curve 911 The Liquidator has no jurisdiction to reject or modify already admitted claims, if he receives any additional information.
Learning Curve 910 The dues of the Income Tax dues are Government dues and Income Tax Authorities are a secured creditor.