EDCL Infrastructure Ltd. Vs Urban Infraprojects Pvt. Ltd.
.... which needed to be addressed urgently looking to the various issues especially the issues pertaining to the insolvency of the corporate debtor which is sought to be resolved in the proceedings. 8. We thus, are of the view that all issues are required to be considered at the time of hearing ...
National Company Law Appellate Tribunal New Delhi
TRL Krosaki Refractories Ltd. Vs Sarat Chandra Chowdhary
.... .2024: Restoration Application No. 32 of 2024 This is an application praying for recall of the order dated 29.07.2024 by which order appeal was dismissed for non-prosecution. Sufficient cause has been shown in the application. Application allowed, order dated 29.07.2024 recalled, appeal is resto ...
National Company Law Appellate Tribunal New Delhi
Ranjit Rai Kohli & Ors. Vs ATS Infrastructure Ltd.
.... ement agreement dated 27.08.2024 records the Appellants have received the 90% of the settlement amount and the balance 10% amount will be paid to the Appellants only upon withdrawal of the proceedings before different forums, including this Tribunal. It is submitted the parties shall abide by th ...
National Company Law Appellate Tribunal New Delhi
Priyanka Jain Vs Mascot Overseas Pvt Ltd
.... e Share Purchase Agreement leaves no room for doubt that the outstanding unsecured debt had all the trappings of a ‘Financial Debt’.” 5. Further in Innoventive Industries Ltd V ICICI Bank (2018) 1 SCC 407 the Hon’ble Supreme Court held the corporate debtor commits default, the Adjudicating ...
National Company Law Appellate Tribunal New Delhi
Ajay Kumar Agarwal Vs Vikas Goel
.... nce of the order dated 20.02.2023. On the last date of hearing, Counsel for the Respondent had taken time to resolve the issue by making the payment of Rs. 2,13,076/- within a week. Counsel for the Petitioner has submitted that since the Petitioner has received the aforesaid amount from the Resp ...
National Company Law Appellate Tribunal New Delhi
Amit Narang Suspended Director of Narang Developers Private Limited Vs Aditya Birla Finance Limited & Anr.
.... rein the Corporate Debtor has also appended its signature. The Facility Agreement at Clause 25 clearly states that the liability of the Borrowers in respect of this facility “shall be joint and several.” Further, in order to secure the Facility Agreement of 29.09.2016, an Indenture of Mortgage d ...
National Company Law Appellate Tribunal New Delhi
Stressed Assets Stablization Fund Vs Suman Motels Limited
.... ffect and consequence of Section 22 of the SICA Act. The question is as to whether filing of OA No. 03/2002 and issue of Recovery Certificate on 19.10.2006 by the DRT can be reason for denying the benefit which is available to a Company under Section 22. 16. We need to first Notice the prov ...
National Company Law Appellate Tribunal New Delhi
Dilawri Motors Pvt Ltd & Ors. Vs i T.R. Arya
.... lder of the company and had tendered his resignation from the directorship on 29.06.2005 and that his Form No.32 was filed with the ROC and factum of his resignation is recorded in the minutes of Meeting 29.06.2005. 4. On these contentions the Ld. NCLT rather noted there is no dispute the ...
National Company Law Appellate Tribunal New Delhi
Midpoint Commodeal Pvt. Ltd. Vs Neha Chhawchharia and Ors
.... tted claim of Rs. 82,541/- as more particularly described in Para 6.3.6. 6.5.2. Source of Funds- The amount shall be paid upfront within a period of 30 days from the effective date from the of initial fund infusion by the RA. However, RA being, the sole secured creditor, will adjust the se ...
National Company Law Appellate Tribunal New Delhi
Chandor Engineering and Trading Company Pvt. Ltd. Vs E S S Sriramachandra Murthy, Liquidator (Marmagoa Steel Ltd.)
.... der has although partly allowed the application but has directed that the money which was paid by the Appellant towards implementation of the plan shall be treated in accordance with the terms of RFRP whereas there was no RFRP or Form G. Hence, the Liquidator could not have dealt with the money i ...
National Company Law Appellate Tribunal New Delhi
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