NCLAT: Counsel Engaged By Statutory Company Cannot Hand Over Brief To Junior And Stop Appearing

A Rs 20.72 crore electricity dues claim was thrown out because no lawyer turned up. The NCLAT has restored it, holding that a lawyer engaged by a statutory company cannot hand over the brief to a junior and stop appearing. New Delhi: Counsel engaged by a statutory company cannot hand over the brief to a […]

Supreme Court Restores Three C Shelters CIRP; Fraudulent Initiation Need Not End Insolvency Process

The Supreme Court has held that the NCLT can recall admission of an insolvency petition found to be fraudulent and collusive, but that the CIRP need not end automatically, as it becomes a proceeding in rem after admission. Setting aside the NCLAT’s order, it restored the Three C Shelters CIRP linked to the Greenopolis project for the NCLT to decide whether it should continue.

Failure To Pay Balance Bid Amount: Supreme Court Upholds Forfeiture Of EMD In IBC Liquidation Auction

The Supreme Court has dismissed the appeal of a successful bidder in an IBC liquidation auction that did not pay the balance price within 90 days, upholding the NCLAT’s order affirming forfeiture of its earnest money and the other sums it paid, on the strength of the forfeiture clause in the e-auction notice.

Does Section 14B Of The EPF Act Leave Any Discretion Not To Impose Penalty At All?: Supreme Court Refers Question To A Larger Bench

Doubting an earlier ruling that damages under Section 14B of the EPF Act are automatic, the Supreme Court has referred to a larger Bench the question whether the authorised officer retains a discretion not to levy a penalty at all. It directed resolution applicants to pay the provident-fund dues with statutory interest in four quarterly instalments in the meantime.

NCLT Initiates Personal Insolvency Proceedings Against Anil Ambani in SBI Debt Recovery Case

The Mumbai Bench of the NCLT admitted SBI’s application seeking personal insolvency proceedings against Reliance Group Chairman Anil Ambani. The Tribunal appointed a Resolution Professional and directed issuance of a public notice inviting creditor claims, marking a major development in the insolvency process.

IBC Moratorium and Cheque Bounce Cases: Supreme Court Orders Larger Bench Hearing

The Supreme Court has referred to a larger Bench a legal question on how personal insolvency proceedings under Part III of the Insolvency and Bankruptcy Code interact with cheque dishonour prosecutions under Section 138 of the Negotiable Instruments Act.

Supreme Court Big Relief to Banks: Parallel CIRP Allowed Against Borrower and Corporate Guarantor Under IBC

The Supreme Court has ruled that lenders can start insolvency proceedings at the same time against both the main borrower and the corporate guarantor for the same loan under the IBC. The Court said there is no legal bar in the Code and each case must be examined independently on merits.

Supreme Court Records Aakash’s Undertaking to Secure 25.7% Byju’s Stake Amid Rs 240 Crore Rights Issue Battle

The Supreme Court recorded Aakash Educational Services Ltd’s undertaking to secure 25.7% stake held by Byju’s parent company till NCLAT decides the dispute. The top court also granted time to Think & Learn Pvt Ltd to subscribe to the second tranche of the Rs 240 crore rights issue.

Insolvency Case | Corporate Debtor’s Claim of A Pre-Existing Dispute Must Be Real: Supreme Court

The Supreme Court rules that a corporate debtor’s claim of a pre-existing dispute must be genuine and supported by evidence. Spurious or illusory defenses cannot block insolvency proceedings under Section 9 of the IBC.

Imaginary AI Citations in Pleadings: Supreme Court to Examine Claim of Fake Case Laws

The Supreme Court will review claims that AI-generated case laws were cited in pleadings, raising concerns about fabricated inputs. It cautioned that the appellant would be taken to task if the citations proved fictitious, echoing the opponent’s charge.