Tag: corporate debtor
High Court incorrectly exercised writ jurisdiction to preclude statutory mechanism and procedure under IBC from taking its course –Supreme Court In a recent judgment, the Hon’ble Supreme Court set aside the order of the High Court and held that it incorrectly exercised writ jurisdiction as it precluded the …
CIRP can be initiated even if name of financial creditor not specifically mentioned in balance sheet, an entry in the balance sheet coupled with the note of the accounts to acknowledgement of the liability – SC In a recent judgment, Hon’ble Supreme Court has held that for initiation …
Payment by corporate guarantor does not extinguish liability of corporate debtor to pay the entire amount payable – SC In a recent judgment, the Hon’ble Supreme Court has held that payment by corporate guarantor does not extinguish liability of corporate debtor to pay the entire amount payable. A …
Form CIRP 8 is required to be filed for all corporate insolvency resolution processes ongoing or commencing on or after 14th July 2021. Filing of Form CIRP 8 under the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 Regulation 35A of the IBBI (Insolvency Resolution Process for …
Provisions of personal guarantors to corporate debtors under IBC 2016 under notification dated 15th November, 2019 is legal and valid – Supreme Court The Central Government, vide notification dated 15th November, 2019, brought into force provisions relating to the personal guarantors (PGs) to Corporate Debtors with effect from …
Person ineligible u/s 29A of IBC 2016 to submit a resolution plan, also barred from proposing a scheme of compromise and arrangement u/s 230 of the Companies Act 2013 ABCAUS Case Law CitationABCAUS 3473 (2021) (03) SC Important case law relied referred:Swiss Ribbons Private Limited vs. Union of …
Supreme Court to decide constitutional validity of provisions of IBC 2016 to the extent they apply to personal guarantors of corporate debtors ABCAUS Case Law CitationABCAUS 3416 (2020) (10) SC The Ministry of Corporate Affirs (MCA) by Notification dated 15.11.2019 had brought personal guarantors to corporate debtors under …
Limitation period for making application for initiation of CIRP is three years from date of default. IBC not a money recovery legislation for creditors – SC ABACUS Case Law CitationABCAUS 3365 (2020) (08) SC Important case law relied upon by the parties:B. K. Educational Services Pvt. Ltd. vs. …
Members of suspended Board of Directors of corporate debtor entitled to insolvency resolution plans presented at COC meetings under Section 25(2)(i) – SC ABCAUS Case Law Citation: ABCAUS 2762 (2019) (01) SC The Petitioner was aggriebed by the order of the Appellate Tribunal rejecting the prayer for directions …
