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LIST OF NCLAT CASES – SECTION WISE ALONG WITH SUMMARY
Section 2
DATE CASE NAME TRIBUNAL FROM WHICH APPEAL IS SOUGHT
BRIEF DESCRIPTION RELEVANT SECTIONS
02.06.2017 Agroh Infrastructure Developers Pvt Ltd VsNarmada Construction (Indore) P Ltd
Ahmedabad Bench
Pertains to the issuance of notice under Section 8 of the IBC and the relevant rules and violation of natural justice
Section 2 Section 8, Section 9, Section 13 (1) (a), Section 14 of the IBC AND Rule 6 of Insolvency & Bankruptcy (Application toAdjudicating Authority) Rules, 2016.
1.05.2017 ASTRA Offshore SDN BHD v. Swiber Offshore (India) Pvt Ltd
Mumbai Bench An interim resolution professional is appointed by the Mumbai Bench but the appellant prefers an appeal. Subsequently, the appellant seeks to withdraw the appeal and appear before the Interim resolution Professional. The same is allowed by the NCLAT as the respondent did not appear. The case is disposed off. The details of the case can be found by referring to the NCLT Mumbai Bench on the website.
Section 2(27), Section 9
Section 3
19.05.2017 Smart Timing Steel Ltd.Vs. National Steel and AgroIndustries Ltd.
Mumbai bench Deals with whether filing of a copyof certificate from the "Financial Institution" maintaining accounts of theOperational
Section 3, section 7, Section 8, Section 9, Section 61,
Creditor confirming that there is no payment of unpaidoperational debt by the 'Corporate Debtor' is mandatory or directory. Held that it is mandatory
24.05.2017 Kirusa Software Private Ltd. VMobilox Innovations Private Ltd.
Mumbai Bench Clarifies the meaning of the words ‘dispute’ and ‘existence of disputes’ and states that it has a wider ambit than merely a suit or arbitration using various rules of interpretation.
Section 3, Section 5, Section 8, Section 9,
21.02.2017 Sree Metaliks Ltd v. M/s Srei Equipment Finance Ltd
Kolkata Bench Change of Interim Resolution Professional
Section 3(27), Section 16
Section 5
03.05.2017 Era Infra Engineering Ltd v Prideco Commercial Projects Pvt Ltd.
New Delhi Bench
The appellant pleaded that notice was not duly served upon him and that the application was not filed in the manner prescribed. The Court held that Section 8 is a mandatory provision r/w Rule 5 of the IBC Rules. (Application to Adjudicating Authority).
Section 8, Section 9 [Subsection 1 and 5 specifically]
15.05.2017 M/s Innoventive Industries Ltd v. ICICI Bank & Anr.
Mumbai Bench Pertains to issuance of notice, violation of principles of natural justice. It also deals with the question of the prevalence of a legislation under List II of Schedule 7 over the IBC. Ascertainment of default and binding value of Master
Section 5, Section 7, Section 60, Section 238, Section 255 and Rule 4(3) of Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016
Restructuring Agreement are other areas it discusses. The case thoroughly discusses the need to comply with principles of natural justice, the importance of a notice,
24.05.2017 Kirusa Software Private Ltd. VMobilox Innovations Private Ltd.
Mumbai Bench Clarifies the meaning of the words ‘dispute’ and ‘existence of disputes’ and states that it has a wider ambit than merely a suit or arbitration using various rules of interpretation.
Section 3, Section 5, Section 8, Section 9,
31.05.2017 M/s MCL Global Steel Pvt. Ltd. & Anr. AppellantsVs. M/s Essar Projects IndiaLtd. & Anr.
Mumbai bench Pertains to non issuance of notice, violation of principles of natural justice, meaning of dispute.
Section 5, Section 7, Section8, Section 9, Section 14, Section 16 Rule 6 of the Adjudicating Authority rules,
31.05.2017 M/s. Meyer Apparel Ltd. & Anr v. M/s. Surbhi Body Products Pvt. Ltd.; M/s. Meyer Apparel Ltd. & Anr. v. M/s. Godolo & Godolo Exports Pvt. Ltd.
Chandigarh bench
Pertains to the meaning of ‘dispute’ and ‘existence of disputes’.
Section 5, Section 7, Section 8, Section 9, Section 14
31.05.2017 Philips India Limitedv. Goodwill Hospital & Research Centre Ltd. ; Philips India Limited v. Karma Healthcare Private Limited
New Delhi Bench
Pertains to the meaning of ‘dispute’ and ‘existence of disputes’.
Section 5, Section 8, Section 9,
Section 6
10.04.2017 Hind Motors India Ltd. v. Adjudicating Authority NCLT, Chandigarh
Chandigarh bench
The main contention of the appellant is that ‘public depositors’ come within the meaning of ‘financial creditors’. The court left the question open for
Section 6, Section 7, Section 10 , Section 15 , Section 16
interpretation.
Section 7
10.04.2017 Hind Motors India Ltd. v. Adjudicating Authority NCLT, Chandigarh
Chandigarh bench
The main contention of the appellant is that ‘public depositors’ come within the meaning of ‘financial creditors’. The court left the question open for interpretation.
Section 6, Section 7, Section 10 , Section 15 , Section 16
15.05.2017 M/s Innoventive Industries Ltd v. ICICI Bank & Anr.
Mumbai Bench Pertains to issuance of notice, violation of principles of natural justice. It also deals with the question of the prevalence of a legislation under List II of Schedule 7 over the IBC. Ascertainment of default and binding value of Master Restructuring Agreement are other areas it discusses. The case thoroughly discusses the need to comply with principles of natural justice, the importance of a notice,
Section 5, Section 7, Section 60, Section 238, Section 255 and Rule 4(3) of Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016
1.05.2017 JK Jute Mills Company Ltd v. M/s Surendra Trade Company
Allahabad Bench
Pertains to whether the time limit prescribed in the IBC for admitting or rejecting a petition or initiation of insolvency resolution process mandatory. It is stated that time is the essence of the Code.
Section 7 , Section 9 ,Section 10 , Section 12 ,Section 16, Section 33, Section 64 and Rule 6(2) of the Adjudicating authority rules
26.05.2017 Kaliber Associates Pvt Ltd.
New delhi Bench
Deals with violation of natural
Section 7, Section 14, Section 15.
V.Mrs Tripat Kaur
justice and non- issuance of notice. Anything done in violation of principles of natural justice is rendered illegal.
31.05.2017 M/s MCL Global Steel Pvt. Ltd. & Anr. AppellantsVs. M/s Essar Projects IndiaLtd. & Anr.
Mumbai bench Pertains to non issuance of notice, violation of principles of natural justice, meaning of dispute.
Section 5, Section 7, Section8, Section 9, Section 14, Section 16 Rule 6 of the Adjudicating Authority rules,
31.05.2017 M/s. Meyer Apparel Ltd. & Anr v. M/s. Surbhi Body Products Pvt. Ltd.; M/s. Meyer Apparel Ltd. & Anr. v. M/s. Godolo & Godolo Exports Pvt. Ltd.
Chandigarh bench
Pertains to the meaning of ‘dispute’ and ‘existence of disputes’.
Section 5, Section 7, Section 8, Section 9, Section 14
19.05.2017 Smart Timing Steel Ltd.Vs. National Steel and AgroIndustries Ltd.
Mumbai bench Deals with whether filing of a copyof certificate from the "Financial Institution" maintaining accounts of theOperational Creditor confirming that there is no payment of unpaidoperational debt by the 'Corporate Debtor' is mandatory or directory. Held that it is mandatory
Section 3, section 7, Section 8, Section 9, Section 61,
24.05.2017 M/s. Starlog Enterprises Limited v.ICICI Bank Limited
Mumbai bench Pertains to non issuance of notice and violation of principles of natural justice. It deals with whether an IRP tointerfere with the affairs of the subsidiaries of the corporatedebtor. It is held that an IRP cannot interfere in such
Section 7, Section 18, Section 61, Section 75
cases. Also discusses material misrepresentation of facts.
Section 8
02.06.2017 Agroh Infrastructure Developers Pvt Ltd VsNarmada Construction (Indore) P Ltd
Ahmedabad Bench
Pertains to the issuance of notice under Section 8 of the IBC and the relevant rules and violation of natural justice
Section 2 Section 8, Section 9, Section 13 (1) (a), Section 14 of the IBC AND Rule 6 of Insolvency & Bankruptcy (Application toAdjudicating Authority) Rules, 2016.
03.05.2017 Era Infra Engineering Ltd v Prideco Commercial Projects Pvt Ltd.
New Delhi Bench
The appellant pleaded that notice was not duly served upon him and that the application was not filed in the manner prescribed. The Court held that Section 8 is a mandatory provision r/w Rule 5 of the IBC Rules. (Application to Adjudicating Authority).
Section 8, Section 9 [Subsection 1 and 5 specifically]
24.05.2017 Kirusa Software Private Ltd. VMobilox Innovations Private Ltd.
Mumbai Bench Clarifies the meaning of the words ‘dispute’ and ‘existence of disputes’ and states that it has a wider ambit than merely a suit or arbitration using various rules of interpretation.
Section 3, Section 5, Section 8, Section 9,
31.05.2017 M/s MCL Global Steel Pvt. Ltd. & Anr. AppellantsVs. M/s Essar Projects IndiaLtd. & Anr.
Mumbai bench Pertains to non issuance of notice, violation of principles of natural justice, meaning of dispute.
Section 5, Section 7, Section8, Section 9, Section 14, Section 16 Rule 6 of the Adjudicating Authority rules,
31.05.2017 M/s. Meyer Apparel Ltd. & Anr v. M/s. Surbhi Body Products
Chandigarh bench
Pertains to the meaning of ‘dispute’ and
Section 5, Section 7, Section 8, Section 9, Section
Pvt. Ltd.; M/s. Meyer Apparel Ltd. & Anr. v. M/s. Godolo & Godolo Exports Pvt. Ltd.
‘existence of disputes’.
14
31.05.2017 Philips India Limitedv. Goodwill Hospital & Research Centre Ltd. ; Philips India Limited v. Karma Healthcare Private Limited
New Delhi Bench
Pertains to the meaning of ‘dispute’ and ‘existence of disputes’.
Section 5, Section 8, Section 9,
25.05.2017 Seema Gupta VsSupreme Infrastructure India Ltd & Ors
Mumbai bench The Court held that Section 8 is a mandatory provision and relied upon the Era Infra Engineering case
Section 8, Section 9,
19.05.2017 Smart Timing Steel Ltd.Vs. National Steel and AgroIndustries Ltd.
Mumbai bench Deals with whether filing of a copyof certificate from the "Financial Institution" maintaining accounts of theOperational Creditor confirming that there is no payment of unpaidoperational debt by the 'Corporate Debtor' is mandatory or directory. Held that it is mandatory
Section 3, section 7, Section 8, Section 9, Section 61,
Section 9
02.06.2017 Agroh Infrastructure Developers Pvt Ltd VsNarmada Construction (Indore) P Ltd
Ahmedabad Bench
Pertains to the issuance of notice under Section 8 of the IBC and the relevant rules and violation of natural justice
Section 2 Section 8, Section 9, Section 13 (1) (a), Section 14 of the IBC AND Rule 6 of Insolvency & Bankruptcy (Application toAdjudicating Authority) Rules, 2016
1.05.2017 ASTRA Offshore SDN BHD v. Swiber Offshore (India) Pvt Ltd
Mumbai Bench An interim resolution professional is appointed by the
Section 2(27), Section 9
Mumbai Bench but the appellant prefers an appeal. Subsequently, the appellant seeks to withdraw the appeal and appear before the Interim resolution Professional. The same is allowed by the NCLAT as the respondent did not appear. The case is disposed off. The details of the case can be found by referring to the NCLT Mumbai Bench on the website.
09.05.2017M/s. Della Constructions Pvt Ltd. Vs M/s. Rei Agro Ltd. & Anr.
Kolkata Bench The proceedings initiated by the Appellants were stayed due to the order of moratorium. The court chose not to interfere as the appellant could approach Interim Resolution Professional.
Section 9, Section 14, Section 15
03.05.2017 Era Infra Engineering Ltd v Prideco Commercial Projects Pvt Ltd.
New Delhi Bench
The appellant pleaded that notice was not duly served upon him and that the application was not filed in the manner prescribed. The Court held that Section 8 is a mandatory provision r/w Rule 5 of the IBC Rules. (Application to Adjudicating Authority).
Section 8, Section 9 [Subsection 1 and 5 specifically]
15.05.2017 M/s. J.R. Agro Industries (P) Ltd. v. M/s. Swadisht Oils Pvt. Limited ;M/s. Abhi Agro (P) Ltd. v. M/s.
- Whether the 14 days time-period under Section 9 is mandatory or directory. Based on a previous ruling
Section 61, Section 9 .
Swadisht Oils Pvt. Limited ; M/s. Jai Lakshmi Solvents (P) Ltd. Vs M/s. Swadisht Oils Pvt. Limited ; M/s. Rungta Industries Private Ltd. ... Appellant Vs M/s. Swadisht Oils Pvt. Limited;
on the same issue i.e. the court upheld the same stating that it is a directory provision
1.05.2017 JK Jute Mills Company Ltd v. M/s Surendra Trade Company
Allahabad Bench
Pertains to whether the time limit prescribed in the IBC for admitting or rejecting a petition or initiation of insolvency resolution process mandatory. It is stated that time is the essence of the Code.
Section 7 , Section 9 ,Section 10 , Section 12 ,Section 16, Section 33, Section 64 and Rule 6(2) of the Adjudicating authority rules
24.05.2017 Kirusa Software Private Ltd. VMobilox Innovations Private Ltd.
Mumbai Bench Clarifies the meaning of the words ‘dispute’ and ‘existence of disputes’ and states that it has a wider ambit than merely a suit or arbitration using various rules of interpretation.
Section 3, Section 5, Section 8, Section 9,
9.5.2017M/s. Madhur Engineers Pvt Ltd & Anr. Vs
Mumbai Bench Appellant claims that a certain sum of money is payable to him/her but the appellant has already filed application before the Insolvency Resolution Professional and the Court chose not to interfere.
Section 9, Section 10, Section 14
31.05.2017 M/s MCL Global Steel Pvt. Ltd. & Anr. AppellantsVs. M/s Essar Projects
Mumbai bench Pertains to non issuance of notice, violation of principles of
Section 5, Section 7, Section8, Section 9, Section 14, Section 16 Rule 6
IndiaLtd. & Anr. natural justice, meaning of dispute.
of the Adjudicating Authority rules,
31.05.2017 M/s. Meyer Apparel Ltd. & Anr v. M/s. Surbhi Body Products Pvt. Ltd.; M/s. Meyer Apparel Ltd. & Anr. v. M/s. Godolo & Godolo Exports Pvt. Ltd.
Chandigarh bench
Pertains to the meaning of ‘dispute’ and ‘existence of disputes’.
Section 5, Section 7, Section 8, Section 9, Section 14
31.05.2017 Philips India Limitedv. Goodwill Hospital & Research Centre Ltd. ; Philips India Limited v. Karma Healthcare Private Limited
New Delhi Bench
Pertains to the meaning of ‘dispute’ and ‘existence of disputes’.
Section 5, Section 8, Section 9,
25.05.2017 Seema Gupta VsSupreme Infrastructure India Ltd & Ors
Mumbai bench The Court held that Section 8 is a mandatory provision and relied upon the Era Infra Engineering case
Section 8, Section 9,
19.05.2017 Smart Timing Steel Ltd.Vs. National Steel and AgroIndustries Ltd.
Mumbai bench Deals with whether filing of a copyof certificate from the "Financial Institution" maintaining accounts of theOperational Creditor confirming that there is no payment of unpaidoperational debt by the 'Corporate Debtor' is mandatory or directory. Held that it is mandatory
Section 3, section 7, Section 8, Section 9, Section 61,
30.05.2017 Vasan Healthcare Pvt. Ltd.VsM/s. Alcon Laboratories (India) Pvt. Ltd
Chennai Bench A winding up petition was pending before the Madras High Court. Withdrawal of appeal the appeal was sought by the appellant and the same was allowed.
Section 9, Section 61,
Section 10
10.04.2017 Hind Motors India Ltd. v. Adjudicating Authority NCLT, Chandigarh
Chandigarh bench
The main contention of the appellant is that ‘public depositors’ come within the meaning of ‘financial creditors’. The court left the question open for interpretation.
Section 6, Section 7, Section 10 , Section 15 , Section 16
1.05.2017 JK Jute Mills Company Ltd v. M/s Surendra Trade Company
Allahabad Bench
Pertains to whether the time limit prescribed in the IBC for admitting or rejecting a petition or initiation of insolvency resolution process mandatory. It is stated that time is the essence of the Code.
Section 7 , Section 9 ,Section 10 , Section 12 ,Section 16, Section 33, Section 64 and Rule 6(2) of the Adjudicating authority rules
9.5.2017M/s. Madhur Engineers Pvt Ltd & Anr. Vs
Mumbai Bench Appellant claims that a certain sum of money is payable to him/her but the appellant has already filed application before the Insolvency Resolution Professional and the Court chose not to interfere.
Section 9, Section 10 and Section 14
Section 12
1.05.2017 JK Jute Mills Company Ltd v. M/s Surendra Trade Company
Allahabad Bench
Pertains to whether the time limit prescribed in the IBC for admitting or rejecting a petition or initiation of insolvency resolution process mandatory. It is stated that time is the essence of the Code.
Section 7 , Section 9 ,Section 10 , Section 12 ,Section 16, Section 33, Section 64 and Rule 6(2) of the Adjudicating authority rules
Section 13
02.06.2017 Agroh Infrastructure Developers Pvt Ltd VsNarmada Construction (Indore) P Ltd
Ahmedabad Bench
Pertains to the issuance of notice under Section 8 of the IBC and the relevant rules and violation of natural justice
Section 2 Section 8, Section 9, Section 13 (1) (a), Section 14 of the IBC AND Rule 6 of Insolvency & Bankruptcy (Application toAdjudicating Authority) Rules, 2016
Section 14
02.06.2017 Agroh Infrastructure Developers Pvt Ltd VsNarmada Construction (Indore) P Ltd
Ahmedabad Bench
Pertains to the issuance of notice under Section 8 of the IBC and the relevant rules and violation of natural justice
Section 2 Section 8, Section 9, Section 13 (1) (a), Section 14 of the IBC AND Rule 6 of Insolvency & Bankruptcy (Application toAdjudicating Authority) Rules, 2016
09.05.2017M/s. Della Constructions Pvt Ltd. Vs M/s. Rei Agro Ltd. & Anr.
Kolkata Bench The proceedings initiated by the Appellants were stayed due to the order of moratorium. The court chose not to interfere as the appellant could approach Interim Resolution Professional.
Section 9, Section 14, Section 15
26.05.2017 Kaliber Associates Pvt Ltd. V.Mrs Tripat Kaur
New delhi Bench
Deals with violation of natural justice and non- issuance of notice. Anything done in violation of principles of natural justice is rendered illegal.
Section 7, Section 14, Section 15.
9.5.2017M/s. Madhur Engineers Pvt Ltd & Anr. Vs
Mumbai Bench Appellant claims that a certain sum of money is payable to him/her but the appellant has already filed
Section 9, Section 10, Section 14
application before the Insolvency Resolution Professional and the Court chose not to interfere.
31.05.2017 M/s MCL Global Steel Pvt. Ltd. & Anr. AppellantsVs. M/s Essar Projects IndiaLtd. & Anr.
Mumbai bench Pertains to non issuance of notice, violation of principles of natural justice, meaning of dispute.
Section 5, Section 7, Section8, Section 9, Section 14, Section 16 Rule 6 of the Adjudicating Authority rules,
31.05.2017 M/s. Meyer Apparel Ltd. & Anr v. M/s. Surbhi Body Products Pvt. Ltd.; M/s. Meyer Apparel Ltd. & Anr. v. M/s. Godolo & Godolo Exports Pvt. Ltd.
Chandigarh bench
Pertains to the meaning of ‘dispute’ and ‘existence of disputes’.
Section 5, Section 7, Section 8, Section 9, Section 14
Section 15
09.05.2017M/s. Della Constructions Pvt Ltd. Vs M/s. Rei Agro Ltd. & Anr.
Kolkata Bench The proceedings initiated by the Appellants were stayed due to the order of moratorium. The court chose not to interfere as the appellant could approach Interim Resolution Professional.
Section 9, Section 14, Section 15
10.04.2017 Hind Motors India Ltd. v. Adjudicating Authority NCLT, Chandigarh
Chandigarh bench
The main contention of the appellant is that ‘public depositors’ come within the meaning of ‘financial creditors’. The court left the question open for interpretation.
Section 6, Section 7, Section 10 , Section 15 , Section 16
26.05.2017 Kaliber Associates Pvt Ltd. V.Mrs Tripat Kaur
New delhi Bench
Deals with violation of natural justice and non- issuance of notice. Anything done in violation of principles of
Section 7, Section 14, Section 15.
natural justice is rendered illegal.
21.02.2017 Sree Metaliks Ltd v. M/s Srei Equipment Finance Ltd
Kolkata Bench Change of Interim Resolution Professional
Section 3(27), Section 16
Section 16
10.04.2017 Hind Motors India Ltd. v. Adjudicating Authority NCLT, Chandigarh
Chandigarh bench
The main contention of the appellant is that ‘public depositors’ come within the meaning of ‘financial creditors’. The court left the question open for interpretation.
Section 6, Section 7, Section 10 , Section 15 , Section 16
1.05.2017 JK Jute Mills Company Ltd v. M/s Surendra Trade Company
Allahabad Bench
Pertains to whether the time limit prescribed in the IBC for admitting or rejecting a petition or initiation of insolvency resolution process mandatory. It is stated that time is the essence of the Code.
Section 7 , Section 9 ,Section 10 , Section 12 ,Section 16, Section 33, Section 64 and Rule 6(2) of the Adjudicating authority rules
31.05.2017 M/s MCL Global Steel Pvt. Ltd. & Anr. AppellantsVs. M/s Essar Projects IndiaLtd. & Anr.
Mumbai bench Pertains to non issuance of notice, violation of principles of natural justice, meaning of dispute.
Section 5, Section 7, Section8, Section 9, Section 14, Section 16 Rule 6 of the Adjudicating Authority rules,
Section 18
24.05.2017 M/s. Starlog Enterprises Limited v.ICICI Bank Limited
Mumbai bench Pertains to non issuance of notice and violation of principles of natural justice. It deals with whether an IRP tointerfere with the affairs of the subsidiaries of the corporatedebtor. It is held that an IRP cannot
Section 7, Section 18, Section 61, Section 75
interfere in such cases. Also discusses material misrepresentation of facts.
Section 33
1.05.2017 JK Jute Mills Company Ltd v. M/s Surendra Trade Company
Allahabad Bench
Pertains to whether the time limit prescribed in the IBC for admitting or rejecting a petition or initiation of insolvency resolution process mandatory. It is stated that time is the essence of the Code.
Section 7 , Section 9 ,Section 10 , Section 12 ,Section 16, Section 33, Section 64 and Rule 6(2) of the Adjudicating authority rules
Section 60
15.05.2017 M/s Innoventive Industries Ltd v. ICICI Bank & Anr.
Mumbai Bench Pertains to issuance of notice, violation of principles of natural justice. It also deals with the question of the prevalence of a legislation under List II of Schedule 7 over the IBC. Ascertainment of default and binding value of Master Restructuring Agreement are other areas it discusses. The case thoroughly discusses the need to comply with principles of natural justice, the importance of a notice,
Section 5, Section 7, Section 60, Section 238, Section 255 and Rule 4(3) of Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016
Section 61
15.05.2017 M/s. J.R. Agro - Whether the 14 Section 61, Section
Industries (P) Ltd. v. M/s. Swadisht Oils Pvt. Limited ;M/s. Abhi Agro (P) Ltd. v. M/s. Swadisht Oils Pvt. Limited ; M/s. Jai Lakshmi Solvents (P) Ltd. Vs M/s. Swadisht Oils Pvt. Limited ; M/s. Rungta Industries Private Ltd. ... Appellant Vs M/s. Swadisht Oils Pvt. Limited;
days time-period under Section 9 is mandatory or directory. Based on a previous ruling on the same issue i.e. the court upheld the same stating that it is a directory provision
9 .
19.05.2017 Smart Timing Steel Ltd.Vs. National Steel and AgroIndustries Ltd.
Mumbai bench Deals with whether filing of a copyof certificate from the "Financial Institution" maintaining accounts of theOperational Creditor confirming that there is no payment of unpaidoperational debt by the 'Corporate Debtor' is mandatory or directory. Held that it is mandatory
Section 3, section 7, Section 8, Section 9, Section 61,
24.05.2017 M/s. Starlog Enterprises Limited v.ICICI Bank Limited
Mumbai bench Pertains to non issuance of notice and violation of principles of natural justice. It deals with whether an IRP tointerfere with the affairs of the subsidiaries of the corporatedebtor. It is held that an IRP cannot interfere in such cases. Also discusses material
Section 7, Section 18, Section 61, Section 75
misrepresentation of facts.
30.05.2017 Vasan Healthcare Pvt. Ltd.VsM/s. Alcon Laboratories (India) Pvt. Ltd
Chennai Bench A winding up petition was pending before the Madras High Court. Withdrawal of appeal the appeal was sought by the appellant and the same was allowed.
Section 9, Section 61,
Section 64
1.05.2017 JK Jute Mills Company Ltd v. M/s Surendra Trade Company
Allahabad Bench
Pertains to whether the time limit prescribed in the IBC for admitting or rejecting a petition or initiation of insolvency resolution process mandatory. It is stated that time is the essence of the Code.
Section 7 , Section 9 ,Section 10 , Section 12 ,Section 16, Section 33, Section 64 and Rule 6(2) of the Adjudicating authority rules
Section 75
24.05.2017 M/s. Starlog Enterprises Limited v.ICICI Bank Limited
Mumbai bench Pertains to non issuance of notice and violation of principles of natural justice. It deals with whether an IRP tointerfere with the affairs of the subsidiaries of the corporatedebtor. It is held that an IRP cannot interfere in such cases. Also discusses material misrepresentation of facts.
Section 7, Section 18, Section 61, Section 75
Section 238
15.05.2017 M/s Innoventive Industries Ltd v. ICICI
Mumbai Bench Pertains to issuance of notice, violation
Section 5, Section 7, Section 60,
Bank & Anr. of principles of natural justice. It also deals with the question of the prevalence of a legislation under List II of Schedule 7 over the IBC. Ascertainment of default and binding value of Master Restructuring Agreement are other areas it discusses. The case thoroughly discusses the need to comply with principles of natural justice, the importance of a notice,
Section 238, Section 255 and Rule 4(3) of Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016
Section 255
15.05.2017 M/s Innoventive Industries Ltd v. ICICI Bank & Anr.
Mumbai Bench Pertains to issuance of notice, violation of principles of natural justice. It also deals with the question of the prevalence of a legislation under List II of Schedule 7 over the IBC. Ascertainment of default and binding value of Master Restructuring Agreement are other areas it discusses. The case thoroughly discusses the need to comply with principles of natural justice, the importance of a notice,
Section 5, Section 7, Section 60, Section 238, Section 255 and Rule 4(3) of Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016