National Company Law Appellate Tribunal refused to stay resolution plan of Jaiprakash Associates Limited approved for Adani Enterprises, with bench led by Ashok Bhushan holding issues need detailed hearing, making implementation subject to final appeal outcome.
The National Company Law Appellate Tribunal, Chennai, ruled that any person aggrieved by an order of the National Company Law Tribunal may obtain its certified copy to file an appeal, even if they were not a party to the original proceedings.
The National Company Law Appellate Tribunal (NCLAT) dismissed Jindal Poly Films Limited’s appeal challenging the National Company Law Tribunal (NCLT) order admitting a shareholder class action petition and directing issuance of public notice under the Companies Act, 2013, affirming continuation of class action proceedings.
The Supreme Court of India ruled that National Company Law Tribunal and National Company Law Appellate Tribunal cannot review attachment orders under the Prohibition of Benami Property Transactions Act, 1988, even if linked to Insolvency and Bankruptcy Code, 2016 proceedings, dismissing liquidators’ appeals.
The Calcutta High Court ruled that the Kolkata Municipal Corporation cannot impose retrospective property tax, revaluation, or municipal dues on auction purchasers in liquidation proceedings. Treating property tax as operational debt under Section 5(21), the Court enforced Section 53.
The Supreme Court of India ruled that telecom companies cannot defer spectrum and licence dues to the Department of Telecommunications, rejecting spectrum as assets. A bench of P. S. Narasimha and Alok Aradhe stressed good, and telecom dues recovery.
Justice Venkatesh of the Madras HC highlights the systemic failures plaguing India’s insolvency law under the IBC. His powerful critique stresses the urgent need to fix the institutional framework rather than just revisiting the legislation.
