Weekly Digest Of IBC Cases: 20 February To 26 February 2023

NCLAT Principal Amount Paid In Full, Section 9 Application Not Maintainable For Recovery Of Interest: NCLAT Delhi Case Title: Rohit Motawat v Madhu Sharma Case No.: Comp. App. (AT) (Ins) No. 1152 of 2022 The National Company Law Appellate Tribunal (“NCLAT”), New Delhi Bench, comprising of Justice Rakesh Kumar Jain (Judicial Member) and Mr. Naresh Salecha...

Requesting Ledger/Statement From Operational Creditor Is Not Admission Of Claim, Does Not Renew Limitation: NCLT Indore

The National Company Law Tribunal (“NCLT”), Indore Bench comprising of Dr. Madan B. Gosavi (Judicial Member) and Shri Kaushalendra Kumar Singh (Technical Member), while adjudicating an application filed in Oswal Pumps Limited v Bhopal Tractors Pvt. Ltd., has held if a Corporate Debtor merely requests statements or ledger from the Operational Creditor for verification, then such...

Advance Collected From Allottes Towards Payment Of Maintenance Charges Or Taxes Is Operational Debt: NCLT Mumbai

The National Company Law Tribunal (“NCLT”), Mumbai Bench comprising of Shri Kishore Vemulapalli (Judicial Member) and Shri Prabhat Kumar (Technical Member), while adjudicating an application filed in Innova Premises Co-operative Society Limited v Marathon Nextgen Realty Limited, has held that money collected from allottees for payment towards maintenance charges or taxes of the...

Payment Of EPF Dues Under The IBC – Supreme Court Paves Way For Full Realization

In Ghanshyam Mishra and Sons Pvt. Ltd. v. Edelweiss Asset Reconstruction Company Ltd. , the Supreme Court had clarified that any claim not approved under the resolution plan by the Adjudicating Authority shall stand extinguished. The Apex Court had upheld the Insolvency and Bankruptcy Code (Amendment) Act, 2019 wherein the governmental authorities had been classified within the ambit of operational creditor under Section 5(20) of the Insolvency & Bankruptcy Code, 2016 [Code]. ...

NCLAT Delhi Stays Insolvency Proceedings Against Zee Entertainment Enterprises Ltd.

The National Company Law Appellate Tribunal (“NCLAT”), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson) and Shri Barun Mitra (Technical Member), while adjudicating an appeal filed in Punit Goenka v Indusind Bank Ltd. & Anr., has stayed the NCLT order dated 22.02.2023, whereby Corporate Insolvency Resolution Process (“CIRP”) was initiated against...

NCLT Mumbai Initiates Insolvency Proceedings Against Siti Networks Ltd.

The National Company Law Tribunal (“NCLT”), Mumbai Bench, comprising of Shri H.V. Subba Rao (Judicial Member) and Ms. Madhu Sinha (Technical Member), while adjudicating an application filed in Indusind Bank Ltd. v Siti Networks Ltd., has initiated Corporate Insolvency Resolution Process (“CIRP”) against Zee Entertainment Enterprises Ltd. Mr. Rohit Mehra has been appointed as...

NCLAT Extends Benefit Of Limitation Computation To Appeals Filed Between 01.11.2022 To 23.12.2022

On 24.12.2022 the National Company Law Appellate Tribunal (“NCLAT”) had issued fresh directions for computation of limitation for filing of appeals before NCLAT. Earlier the benefit of order dated 24.12.2022 was only available to appeals filed on and after 24.12.2022. However, the NCLAT vide an Order dated 21.02.2023 has extended the benefit of Order dated 24.12.2022 to appeals...

Resolution Applicant Wilfully Fails To Implement Plan, NCLT Mumbai Orders Liquidation Without Monitoring Committee’s Mandate

The National Company Law Tribunal (“NCLT”), Mumbai Bench, comprising of Shri H.V. Subba Rao (Judicial Member) and Ms. Madhu Sinha (Technical Member), while adjudicating a petition filed in BMW Financial Services Pvt. Ltd. v S.K. Wheels Pvt. Ltd., has ordered liquidation of the Corporate Debtor as the Resolution Applicant willfully failed to implement the resolution plan. The order...

No Acknowledgement Of Liability Based On An Unrealized Cheque: NCLAT Chennai

The National Company Law Appellate Tribunal (“NCLAT”), Chennai Bench, comprising of Justice M. Venugopal (Judicial Member) and Ms. Shreesha Merla (Technical Member), while adjudicating an appeal filed in M/s. Primee Silicones (Chennai) Pvt. Ltd. v M/s. UCAL Fuel Systems Ltd., has held that a cheque which has not been encashed, cannot amount to an ‘acknowledgement of liability’...

Principal Amount Paid In Full, Section 9 Application Not Maintainable For Recovery Of Interest: NCLAT Delhi

The National Company Law Appellate Tribunal (“NCLAT”), New Delhi Bench, comprising of Justice Rakesh Kumar Jain (Judicial Member) and Mr. Naresh Salecha (Technical Member), while adjudicating an appeal filed in Rohit Motawat v Madhu Sharma, has held that an application under Section 9 of IBC being pursued only for interest component, while principal amount has been paid in full, is...

Weekly Digest Of IBC Cases: 13 February To 19 February 2023

NCLAT Partial Payment Of PF & Gratuity Dues Violative Of Section 30(2)(E) Of IBC: NCLAT Chennai Reiterates Case Title: Mrs. C.G. Vijyalakshmi v Shri Kumar Rajan & Ors. Case No.: Company Appeal (AT) (CH) (Ins.) No. 29 of 2021 The National Company Law Appellate Tribunal (“NCLAT”), Chennai Bench, comprising of Justice M. Venugopal (Judicial Member) and Ms....

NCLT Mumbai Excludes Moratorium Period In Calculation Of Limitation

The National Company Law Tribunal (“NCLT”), Mumbai Bench, comprising of Shri Kishore Vemulapalli (Judicial Member) and Shri Manoj Kumar Dubey (Technical Member), while adjudicating a petition filed in Piramal Capital & Housing Finance Ltd. v Manpreet Developers Pvt. Ltd., has held that if an entity which itself was admitted into CIRP and has undergone moratorium, files...