Laxmi Trading Corporation Vs M/s Hindustan Construction Company Limited
.... spectively, the following basics undoubtedly come to the fore: (a) that the Code is a beneficial legislation intended to put the corporate debtor back on its feet and is not a mere money recovery legislation; (b) that CIRP is not intended to be adversarial to the corporate debtor but i ...
National Company Law Appellate Tribunal New Delhi
Resolve Support Services Pvt. Ltd Vs Anuj Bajpai, Liquidator Radiance Properties (India) Pvt. Ltd. & Anr
.... sked for seven days period for inspection but was given only one hour time for inspection and non-refundable EMD was demanded. 4. The Adjudicating Authority by the Impugned Order has rejected the Application holding that in third round of e-auction conducted by the Respondent pr ...
National Company Law Appellate Tribunal New Delhi
Birla Tyres Mazoodar Sangha & Ors Vs Pritam Bayal, RP & Ors
.... onal Bank dated 17.11.2023 for inspection kindly acknowledge receipt. Yours faithfully, (Debolina Dey) Advocate” 6. After the said inspection application, on 18th November, 2023, an email has been sent by which they have requested the registrar to provide certified copy of ord ...
National Company Law Appellate Tribunal New Delhi
C. L. Sharma Vs Bank of Maharashtra and Anr
.... nd legal rights and title of the debtor. Once a recommendation is made, it is not binding on the adjudicating authority. The authority would only decide after looking at the recommendation of the resolution professional and affording full opportunity of hearing to the debtor or the personal guar ...
National Company Law Appellate Tribunal New Delhi
RBL Bank Ltd Vs Khedut Agro Engineering & Anr
.... st paragraph of the Order inadvertently came in the order which does not relate to Appeal. 3. We delete first paragraph of the Order from the Order. The Order corrected, accordingly. Application is disposed of, accordingly. 4. Learned Counsel for the Appellant submits that order dated ...
National Company Law Appellate Tribunal New Delhi
Baiju Pupala & Ors Vs CoC of Unity Infraprojects Ltd. & Anr
.... it in the prayer of the Applicants that their dues of salary for the period from 1.4.2020 to 31.3.2021 be treated as CIRP costs payable in terms of section 53(1)(a) of the Code, and not in terms of Section 53(1)(c) of the Code as proposed by the Liquidator.” 3. Learned Counsel for the Appel ...
National Company Law Appellate Tribunal New Delhi
Sunil Jha Vs Avishek Gupta & Anr
.... ndum) in depth and are of the view to reject the 12A proposal (including the addendum) on the following grounds: • The payment proposed under the proposal is deferred in nature and is over a period of 8 years. As per the proposal, frequency of interest payment and principal payment is not g ...
National Company Law Appellate Tribunal New Delhi
RCC Infra Ventures Ltd Vs Shree Laxmi Steel
.... ourt to reject an application which is barred by time even if no defence has been raised by the Corporate Debtor. 4. The order passed by the Adjudicating Authority is in an application filed under Section 9 of the I&B Code. I&B Code provides for procedure for consideration of applica ...
National Company Law Appellate Tribunal New Delhi
Sanjay Mehra Vs Devmata Commercials Pvt. Ltd
.... e subject to the litigation pending before this Tribunal. 6. It is observed that the assets are in the nature of land, building, and plant and machinery situate therein, and no reason has been shown for sale of the said assets before disposal of the pending Miscellaneous Applications. Sale ...
National Company Law Appellate Tribunal New Delhi
Pawan Kumar Shukla Vs Mahaveer Medicare & Anr
.... rd to Section 10A. The Adjudicating Authority after hearing the parties returned a finding that application is not barred by Section 10A since the default was prior to 10A period and it was held that default was committed prior to Section 10A period i.e. 25.09.2018. 5. We have considered ...
National Company Law Appellate Tribunal New Delhi
Get In Touch With Us
We are here to help. Want to learn more about our services? Please get in touch, we'd love to hear from you!