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Learning Curve Title
IBC Learning Curve 628 In a situation where Application for initiation of CIRP for the Corporate Debtor is pending at NCLT then, initiation of CIRP of the Corporate Debtor is not a prerequisite for initiating IR Process against the Personal Guarantor of that Corporate Debtor before the NCLT
Dhanlaxmi Bank Ltd. Vs. Techno Fab Manufacturing Ltd. & Ors Dhanlaxmi Bank Ltd. Vs. Techno Fab Manufacturing Ltd. & Ors
Learning Curve 519 "After the Resolution Plan's approval and implementation, no direction can be issued to the erstwhile Resolution Professional on account of any belated and settled claim."
Learning Curve 518 "The date of right to sue can be extended only when the debt is acknowledged by the Corporate Debtor within limitation of three years."
Learning Curve 517 Only an aggrieved party can file an appeal against Approved Resolution Plan.
Learning Curve 516 "The purpose of the ineligibility under Section 29A is sustainable revival and to ensure that a person who is the cause of the problem cannot be a part of the process of the solution."
Learning Curve 515 Tribunals cant interfere with CoCs commercial decisions: SC
Learning Curve 514 If CIRP has been initiated against the principal borrower, appellant can file claim in CIRP initiated against the Corporate Guarantor
Learning Curve 513 CIRP cannot be kept in abeyance if IRP does not accept the assignment
Learning Curve 512 The NCLT/NCLAT can exercise jurisdiction under section 60(5)(c) of the IBC to stay termination of contracts solely on account of CIRP being initiated against the CD
Learning Curve 511 In computing the period of limitation for any suit, appeal, application or proceeding, the period from 15.03.2020 till 14.03.2021 shall stand excluded
Learning Curve 510 The period spent in proceedings under SICA will not be excluded for the purpose of computation of limitation under IBC
Learning Curve 509 Business decision taken in exercise of commercial wisdom of Committee of creditors would not warrant judicial intervention
Learning Curve 508 COC is empowered to take a decision in regard to liquidation of the Corporate Debtor even after an application has been filed by the Resolution Professional placing the Resolution Plan approved by the COC before the Adjudicating Authority for approval
Learning Curve 507 Moratorium under Section 14 IBC covers section 138 Negotiable Instrument Act proceedings against Corporate Debtor
Learning Curve 506 Bank guarantee can be invoked even during moratorium period issued under section 14 of the IBC
Learning Curve 505 Adjudicating Authority should not have rejected the Application and if it was of the opinion that there is a defect, the Appellant should have been allowed to cure the same
Learning Curve 504 Adjudicating Authority would not be justified in drawing a conclusion in respect of there being dispute as regards debt and default merely on the strength of an Arbitration Agreement, NCLAT held
Learning Curve 503 The period for which the orders are reserved by the Adjudicating Authority is justifiably required to be excluded while counting and computing the period of CIRP, NCLAT held
Learning Curve 502 The Adjudicating Authority is required to issue a limited notice to the Corporate Debtor as it is concerned only with the nature of debt viz. that there is a financial debt and default thereof, NCLAT held
Learning Curve 501 In an application under Section 7, the Financial Creditor and the Corporate Debtor alone are the necessary party, NCLAT held
Learning Curve 500 The application filed by the erstwhile Directors to grant further time during the last minute of completion of CIRP is not acceptable, NCLT held
Learning Curve 499 The provision of the Code cannot be invoked for recovery of outstanding amount as well as it cannot be misused to drop the curtain on a healthy organization
Learning Curve 498 Settlement Terms not incorporated in the order of the Adjudicating Authority cannot be said to assume the character of the decree of the Court and any breach thereof would entitle the Corporate Debtor to seek restoration or revival of CIRP
Learning Curve 497 There is no express provision in NCLAT Rules, 2016 for Review and Power of Review has to be granted by statute and the power of Review is not an inherent power and therefore cannot be exercised unless conferred specifically or by necessary implications
Learning Curve 496 Fresh application to initiate CIRP is not maintainable, if similar application was filed by the same Operational Creditor for the same cause of action which was permitted to be withdrawn without liberty to file fresh application- NCLAT
Learning Curve 495 The amendment in procedural law always has retrospective effect, unless there is specific provision barring its retrospective operation
Learning Curve 494 Adjudicating Authority is required to dispose of the applications under Sections 7, 9 &10 by admitting or rejecting the same within 14 days of filing- NCLAT held
Learning Curve 493 Interpretation of Section 10A cannot be merely based on the language of the provision; rather it must take into account the object of the Ordinance and the extraordinary circumstances in which it was promulgated
Learning Curve 492 The Liquidator of a Company in liquidation under the Code is not required to file Income Tax Return, then there is no question of claiming refund of TDS deducted under Section 194 IA of the IT Act
Learning Curve 491 A solitary act of complacency would not warrant the conclusion that there was delaying tactics on the part of the Resolution Professional
Learning Curve 490 A creditor will not become Financial Creditor ' under IBC if a corporate debtor has only given security by pledging shares, without undertaking to discharge borrowers liability: Supreme Court
Learning Curve 489 Amount received as an advance payment for the supply of goods during the CIRP to keep the CD as a going concern would have to be treated as CIRP costs
Learning Curve 488 The service of Notice on Director for initiation of CIRP must be held to be good service
Learning Curve 487 The financial creditor who in praesenti is not a related party, would not be debarred from being a member of the CoC under the proviso to section 21(2) of the Code. However, those related party financial creditors that cease to be related parties in order to circumvent the exclusion under the first proviso to Section 21(2)
Learning Curve 486 Deposits accepted by the company under the Companies Act shall be considered as Financial Debt under the IBC: NCLAT
Learning Curve 485 Appeal cannot be filed on any issue for which efficacious remedy provided under any statute, has already been availed by the Appellant
Learning Curve 484 Dismissal of application as being non-maintainable for technical defect is not warranted without providing opportunity to rectify the mistakes
Learning Curve 483 Supreme Court upholds order directing Operational Creditor to pay CIRP costs, fees after dismissal of insolvency plea
Learning Curve 482 Rule 7 does not empower the Adjudicating Authority to examine the financial statements annexed with the application. The moment, Adjudicating Authority is satisfied that there is a debt and a default has occurred, the application must be admitted unless it is incomplete
Learning Curve 481 Deciding the applicability of notification dated 24th March, 2020is the domain of NCLT and cannot be determined by the Registrar of NCLT
Learning Curve 480 Inter-Corporate Loan which is taken for a certain period and to be paid back with interest, will fall under the definition of Financial Debt under Section5(8) of the Code
Learning Curve 479 Supreme Court upheld the validity of Insolvency and Bankruptcy Code (Amendment) Act, 2020 (Amendment Act)which introduced threshold limit for homebuyers application
Learning Curve 478 The Corporate Debtor should display the information in regard to the allottees with full particulars on its website
Learning Curve 477 Corporate Debtor cannot take the benefit of being an MSME if it did not fall into the category of MSME on the date of being admitted into insolvency
Learning Curve 476 The grounds under Section 30(2) or 61(3) of the IBC are regarding testing the validity of the approved resolution plan by COC and not for approving the resolution plan which has been disapproved by the COC
Learning Curve 475 A change in address of the registered office of the Corporate Debtor cannot be a ruse for failure of the concerned party to send/issue a Demand Notice as per Section 8 of the Code
Learning Curve 474 CoC is empowered to decide to liquidate the Corporate Debtor any time before the confirmation of the Resolution Plan
Learning Curve 473 Adjudicating Authority cannot indulge in quantitative analysis of Resolution Plan which is not permissible under Section 31 of the IBC
Learning Curve 472 In the event of a demand notice being issued by an Advocate duly instructed by Operational Creditor, there is no need of requirement of authority being backed by the Board Resolution
Learning Curve 471 IRP has no vested legal interest and he has no right to continue once the decision is taken by the Committee of Creditors to replace him
Learning Curve 470 In a case where it is the Corporate Debtor who refused to accept delivery of notice, the Adjudicating Authority would not be justified in coming to conclusion that notice has not been served on the Corporate Debtor: NCLAT
Learning Curve 469 If the Corporate Debtor is not served, it has to be ensured that the Corporate Debtor is served with the Notice of initiating CIRP application
Learning Curve 468 Settlement reached prior to the date of passing of the order of admission would not render the order of admission flawed on that ground alone
Learning Curve 467 It will only be for the CoC whether or not to consider and accept the revised Resolution Plan.
Learning Curve 466 In the face of CoC resolution passed with more than the requisite majority, it cannot lie in the mouth of IRP that any of his legal rights have been infringed
Learning Curve 319 to 340 Learning Curves for the Month of June, 2020
Learning Curve 299 to 318 Learning Curves for the Month of May, 2020
Learning Curve 281 to 298 Learning Curves for the Month of April, 2020
Learning Curve 181 to 200 Learning Curves for the Month of November, 2019
Learning Curve 162 to 180 Learning Curves for the Month of October, 2019
Learning Curve 142 to 161 Learning Curves for the Month of September, 2019
Learning Curve 122 to 141 Learning Curves for the Month of August, 2019
Learning Curve 99 to 121 Learning Curves for the Month of July, 2019
Learning Curve 80 to 98 Learning Curves for the Month of June, 2019
Learning Curve 57 to 79 Learning Curves for the Month of May, 2019
Learning Curve 37 to 56 Learning Curves for the Month of April, 2019
Learning Curve 18 to 36 Learning Curves for the Month of March, 2019
Learning Curve 1 to 17 Learning Curves for the Month of February, 2019