IBC Cases Weekly Round-Up [20th January To 26th January 2025]

Nominal Index: Umang Realtech Pvt. Ltd. vs. Mrs Daphne Reita Rajan Sharma & Anr.,RERA APPEAL 7/2024 M/s Jones Lang Lasalle Building Operations Pvt. Ltd. vs. M/s Celebration City Projects Pvt. Ltd., IA-3686/2022 in Company Petition No. (IB)- 652(PB)/2019 Assistant Commissioner CGST & Central Excise, Kadi Division Vs. Pradeep Kabra, RP of Cengres Tiles Ltd.', Company Appeal (AT) (Ins) No. 844 of 2024 Kotak Mahindra Bank Ltd. Versus Mohit Kumar Legal Heir of Naresh Kumar, Personal Guarantor, Company Appeal (AT) (Insolvency) No. 2242 of 2024 & I.A. No. 8422 of 2024 Go Airlines (India) Limited vs. Mr. Shailendra Ajmera Resolution Professional of Go Airlines (India) Limited, I.A. (Liq.) 33/ND/2024 IN COMPANY PETITION NO. (IB) – 264/PB/2023 Anita Goyal Versus Vistra ITCL (India) Ltd. & Anr, Company Appeal (AT) (Insolvency) No.2282 of 2024 Whatsapp LLC vs. Competition Commission of India & Ors., I.A No. 280 of 2025 IN Competition App. (AT) No. 1 of 2025 Anil Kumar (Resolution Professional in the Personal Insolvency Resolution Process of Sh. Mukund Choudhary) Versus Mukund Choudhary, Company Appeal (AT) (Insolvency) No. 38 of 2025 Mr. Akshay Kumar Bhatia vs. M/s. Cue Learn Private Limited, CP No.: IB 572(ND)/2022 & IA 5437/ND/2023 Marvel Landmarks Pvt Ltd. vs. Jay Nihalani & Ors., Company Appeal (AT) (Insolvency) No. 2227 of 2024 Pioneer Urban Land & Infrastructure Ltd. Versus Presidia Araya Residents Welfare Association, Company Appeal (AT) (Insolvency) No. 97 of 2025 Delhi High Court Moratorium U/S 14 Of IBC Doesn't Exempt Promoter From Complying With Mandatory Pre-Deposit Required U/S 43(5) Of RERA: Delhi High Court Case Title: Umang Realtech Pvt. Ltd. vs. Mrs Daphne Reita Rajan Sharma & Anr. Case Number: RERA APPEAL 7/2024 The Delhi High Court bench comprising Justice Navin Chawla and Justice Shalinder Kaur has held that the moratorium imposed under Section 14 of the Insolvency and Bankruptcy Code, 2016 (IBC), does not exempt a promoter from complying with the mandatory pre-deposit requirement under Section 43(5) of the Real Estate (Regulation & Development) Act, 2016 (RERA). NCLAT Claims Arising Under Section 11E Of Central Excise Act Cannot Be Treated As Secured Debt: NCLAT Case Title: 'Assistant Commissioner CGST & Central Excise, Kadi Division Vs. Pradeep Kabra, RP of Cengres Tiles Ltd.' Case Number: Company Appeal (AT) (Ins) No. 844 of 2024 The NCLAT New Delhi bench of Justice Ashok Bhushan (Judicial Member), Mr. Barun Mita (Technical Member) and Mr. Arun Baroka (Technical Member) has held that claims arising under section 11E of the Central Excise Act, 1944 cannot be treated as a secured debt. It also held that “the 'Secured Interest' as defined under the Code excludes charges created by Operation of law. Section 11E of the Central Excise Act, 1944 is distinct from the provisions of 'Gujarat VAT Act, 2003' and therefore the decision in the matter of 'State Tax Officer v. Rainbow', (Supra) cannot be made applicable to the facts of this case.” Delay Beyond 15 Days In Filing Appeal Cannot Be Condoned As Per Proviso To Section 61(2) Of IBC: NCLAT Case Title: Kotak Mahindra Bank Ltd. Versus Mohit Kumar Legal Heir of Naresh Kumar, Personal Guarantor Case Number: Company Appeal (AT) (Insolvency) No. 2242 of 2024 & I.A. No. 8422 of 2024 The NCLAT New Delhi bench of Justice Ashok Bhushan (Judicial Member), Mr. Barun Mita (Technical Member) and Mr. Arun Baroka (Technical Member) has held that delay in filing an appeal beyond 15 days as per section 61(2) proviso of the Insolvency and Bankruptcy Code cannot be condoned. Insolvency Application Against Personal Guarantor Is Maintainable U/S 60(1) Of IBC Even If No CIRP Process Is Pending Against CD: NCLAT Case Title: Anita Goyal Versus Vistra ITCL (India) Ltd. & Anr Case Number:Company Appeal (AT) (Insolvency) No.2282 of 2024 The NCLAT New Delhi bench of Justice Ashok Bhushan (Judicial Member) and Mr. Arun Baroka (Technical Member) has held that an application under section 95 of the Insolvency and Bankruptcy Code (Code) against the personal guarantor is maintainable before the NCLT under section 60(1) of the code even if no CIRP or Liquidation process is initiated or pending against the corporate debtor before the NCLT. NCLAT Stays Ban on WhatsApp's Data-Sharing Policy; Orders Meta To Pay 50% Of ₹213 Crore Penalty Case Title: Whatsapp LLC vs. Competition Commission of India & Ors. Case Number: I.A No. 280 of 2025 IN Competition App. (AT) No. 1 of 2025 The National Company Law Appellate Tribunal (NCLAT) bench of Justice Ashok Bhushan (Chairperson) and Arun Baroka (Technical Member) has granted partial relief to WhatsApp from the Competition Commission India's (CCI) order against its 2021 privacy policy update. The CCI had banned WhatsApp from sharing user data with Meta...

IBC Cases Weekly Round-Up [20th January To 26th January 2025]

Mohd Malik Chauhan

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