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13812300 2022 TaxPub(CL) 0297 (SC) : (2022) 166 CLA 0411 Bank of Baroda v. MBL Infrastructures Ltd. SC, Civil Appeal No. 8411 of 2019, 18-Jan-2022

13812500 2022 TaxPub(CL) 0298 (SC) : (2022) 166 CLA 0436 Devarajan Raman v. Bank of India Ltd. SC, Civil Appeal No. 3160 of 2020, 05-Jan-2022

13556600Sections 61 & 9 Appeals and Appellate Authority Default in payment of listing fees Listing fees covers within |recovery dues| or |operational debt| Maintainability of appeal -- The corporate debtor entered into Listing Agreement with BSE. The corporate debtor defaulted in making payment of listing fees as per Clause 38 of Listing Agreement. Therefore, BSE filed application under section 9 for initiating CIRP against corporate debtor. The corporate debtor|s defence was that listing fees, which was claimed by operational creditor, was not an operational debt but it was a |regulatory fee| payable in pursuance to regulation 14 of SEBI (LODR) Regulations, 2015. Thereafter, ......
2021 TaxPub(CL) 2452 (NCLAT-Del) BSE Ltd. v. Asahi Infrastructure & Projects Ltd. Against Appellant, NCLAT-Del, Company Appeal (AT) (Insolvency) No. 346 of 2019, 21-Dec-2021

13556500Sections 7, 31 & 62 Initiation of CIRP by financial creditor Approval of appellant|s resolution plan Prayer by unsuccessful resolution applicant for consideration of its revised resolution plan Maintainability thereof -- The Resolution Professional (RP) of corporate debtor invited Expression of Interest (EoI) from prospective resolution applicants. The four prospective resolution applicants submitted their respective resolution plan. The Committee of Creditors (CoC) approved the resolution plan submitted by appellant with 100% voting share, which was further approved by NCLT. The respondent-PPIPL, an unsuccessful resolution applicant, contended that it sought for one or two days| time to submit its revised resol......
2021 TaxPub(CL) 2451 (SC) Ngaitlang Dhar v. Panna Pragati Infrastructure (P) Ltd. & Ors. In favour of Appellant, SC, Civil Appeal Nos. 3665-3666 of 2020 & Civil Appeal Nos. 3742-3743 of 2020, 17-Dec-2021

13795500 2022 TaxPub(CL) 0268 (SC) : (2022) 169 SCL 0644 : (2022) 230 CompCas 0226 : (2022) 166 CLA 0011 ES Krishnamurthy & Ors. v. Bharath Hi Tech Builders (P) Ltd. SC, Civil Appeal No. 3325 of 2020, 14-Dec-2021

13792900 2022 TaxPub(CL) 0263 (SC) : (2021) 165 CLA 0001 V. Nagarajan v. SKS Ispat & Power Ltd. SC, Civil Appeal No. 3327 of 2020, 22-Oct-2021

13776100Section 61 Appeals and Appellate Authority Revision of GST assessment order by Resolution Professional Jurisdiction Maintainability of appeal -- The appellant was appointed as Resolution Professional (RP) in Corporate Insolvency Resolution Process (CIRP) initiated against corporate debtor. The respondent-GST department submitted its claim under regulation 7 of IBBI (IRPCR) Regulations, 2016. RP revised the admitted claim amount of respondent after due verification of GST claim with books of account of corporate debtor and the electronic register maintained by respondent. The State Tax Officer (works contract) filed an application under s......
2022 TaxPub(CL) 0253 (NCLAT-Chen) Bijoy Prabhakaran Pulipra (Resolution Professional, PVS Memorial Hospital (P.) Ltd.) v. State Tax Officer (Works Contract) Against Appellant, NCLAT-Chen, Company Appeal (AT) (CH)(Insolvency) No. 42 of 2021, 07-Oct-2021

13776400Sections 30 & 31 Submission of resolution plan Approval of resolution plan by Committee of Creditors Submission of expression of interest after approval of resolution plan Tenability thereof -- Resolution Professional (RP) invited Expression of Interest (EoI) from prospective resolution applicants. The appellant sent e-mail to RP expressing its interest in participating in CIRP after last date for submission of EoIs. Therefore, RP refused to accept appellant|s EoI. Thereafter, appellant preferred an application before NCLT seeking direction to consider its EoI. However, NCLT dismissed said application because it was filed for consideration after approval of resolution plan by Committee......
2022 TaxPub(CL) 0255 (NCLAT-Del) Amanat Randhawa Hotels (P.) Ltd. v. Shashi Kant Nemani (Resolution Professional of Aryavir Buildcon (P.) Ltd.) Against Appellant, NCLAT-Del, Company Appeal (AT) (Insolvency) Nos. 701 & 785 of 2021, 07-Oct-2021

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