The National Company Law Appellate Tribunal (“NCLAT”), vide its order dated January 2, 2024, in the matter of Rajeev Kumar Jain v. Uno Minda Limited [2024 SCC OnLine NCLAT 28], has held that the definition of financial debt does not use the expression that disbursement should be made to the corporate debtor only. It further […]
Category : Between The Lines
Delhi High Court: Directors of a company cannot be made a party to an arbitration proceeding which has been initiated against the company by the virtue of the ‘group of companies doctrine’
The Delhi High Court, vide its judgement dated January 24, 2024, in the matter of Vingro Developers Private Limited v. Nitya Shree Developers Private Limited and Others [ARB.P. 667/2023], has held that directors of a company cannot be made a party to an arbitration proceeding which has been initiated against the company by the virtue […]
NCLAT: Security for refund of advance amount cannot change the nature of transaction for supply of goods into financial debt
The National Company Law Appellate Tribunal, Principal Bench, New Delhi (“NCLAT”), in its judgement dated January 11, 2024, in the matter of Sainik Industries Private Limited v. Ritesh Raghunath Mahajan, Resolution Professional, Indian Sugar Manufacturing Company Limited [Company Appeal (AT) (Insolvency) No. 1614 of 2023], has held that the security of refund of the advance […]
NCLT: Corporate insolvency resolution process cannot be initiated under Section 7 of IBC based on transfer agreement for purchase of debentures from financial creditors
The National Company Law Tribunal, Mumbai (“NCLT”), vide its judgment dated January 29, 2024, in the matter of Edelweiss Asset Reconstruction Company Limited v. Ajmera Realty and Infra India Limited [CP (IB) No. 877/MB/2023], has held that if the element of disbursal against the consideration for time value of money is absent, such transaction, cannot […]
NCLAT: Liquidator is not entitled to charge any fee from a scheme proponent submitting a scheme under Section 230 of the Companies Act
The National Company Law Appellate Tribunal, Principal Bench, New Delhi (“NCLAT”), in its judgement dated December 8, 2023, in the matter of CA Jai Narayan Gupta v. Radhasiriya Properties Private Limited [Company Appeal (AT) (Insolvency) No. 1473 of 2023], has held that a liquidator is not entitled to charge any fee from a scheme proponent […]
Bombay High Court: High Court upholds termination of an employee stating that freedom of speech and expression cannot be allowed beyond reasonableness
The Bombay High Court (“HC“) vide its judgement dated December 12, 2023, in the matter of Hitachi Astemo Fie Private Limited v. Nirajkumar Prabhakarrao Kadu [2023 SCC OnLine Bom 2652], while upholding the termination of an employee on account of inciting hate against the company, has held that the freedom of speech and expression cannot […]