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Background The Consumer Protection Act, 1986 (“Erstwhile Act”), was enacted with the sole aim of protecting the interests of the consumers and providing for the establishment of Consumer Councils and authorities for the settlement of consumer disputes and related matters. In today’s digital era, we have a myriad of goods and services that can be […]

The National Company Law Appellate Tribunal (“NCLAT”) in the case of Sreeram E. Techno School Private Limitedv. Beans and More Hospitality Private Limited Through R.P. Prabhjit Singh Soni (decided on September 11, 2019) upheld the order dated July 19, 2019 passed by the NCLT, III bench, Delhi (“Adjudicating Authority”) under Section 30(6) of the Insolvency […]

The National Company Law Appellate Tribunal, New Delhi (“NCLAT”) has in its judgment dated August 14, 2020 (“Judgment”) in the matter of Sushil Ansal v. Ashok Tripathi and Others [Company Appeal (AT) (Insolvency) No. 452 of 2020], held that a decree holder cannot be classified as a financial creditor for the purpose of initiating Corporate […]

The Supreme Court of India (“SC”) in Babulal Vardharji Gurjar v. Veer Gurjar Aluminium Industries Private Limited & Another (decided on August 14, 2020), held that the limitation period for an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (“IBC”) is three years, as per Article 137 of the Limitation Act, 1963 […]