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Advocate Sushila
Advocate Sushila Ram 16 Apr 2021

<b>supreme</b> <b>Court</b> HOLDS THAT CLAIMS NOT FORMING PART OF APPROVED RESOLUTION PLAN ARE EXTINGUISHED
Recently, the Hon’ble #supremeCourt of India in the case of Ghanshyam Mishra and Sons Pvt. Ltd. v. Edelweiss Asset Reconstruction Company Limited, (Civil Appeal No.8129/2019), vide its Judgment dated 13.04.2021 held that any #creditor including Central/State #Government or any local…

Advocate Sushila

<b>supreme</b> <b>Court</b> HOLDS THAT LIMITATION ACT, 1963 IS APPLICABLE TO THE INSOLVENCY PROCEEDINGS UNDER IBC
The #supremeCourt of India in the case of Sesh Nath Singh & Anr. versus Baidyabati Sheoraphuli Co-Operative Bank Ltd and Anr. [Civil Appeal NO. 9198 OF 2019], vide its Judgment dated 22.03.2021 held that the #Limitation Act 1963 is applicable…

Advocate Sushila
Advocate Sushila Ram 28 Mar 2021

<b>supreme</b> <b>Court</b> HOLDS REFERENCE TO ARBITRATION IS MAINTAINABLE INSOLVENCY PETITION IS NOT ADMITTED
Recently, the three-Judges Bench of the #supremeCourt of India in the case of Indus Biotech Private Limited vs. Kotak India Venture (Offshore) Fund [Arb. Petition (Civil) 48/2019], vide Judgment dated 26.03.2021 held that #Arbitration Reference under Section 8 of the…

Advocate Sushila
Advocate Sushila Ram 28 Mar 2021

<b>supreme</b> <b>Court</b> HOLDS THAT ADJUDICATORY AUTHORITY CANNOT MODIFY A RESOLUTION PLAN
The Three Judge Bench of the Hon’ble #supremeCourt of India comprising of Justices A.M. Khanwilkar, Dinesh Maheshwari and Sanjiv Khanna passed a Judgment dated 24.03.2021 in the case of Jaypee Kensington Boulevard Apartments Welfare Association & Ors. v. NBCC (India)…

Advocate Sushila
Advocate Sushila Ram 19 Mar 2021

<b>supreme</b> <b>Court</b> HOLDS PROMOTER INELIGIBLE TO PROPOSE COMPROMISE OR ARRANGEMENT DURING LIQUIDATION OF COMPANY
The #supremeCourt has in a recent case of Arun Kumar Jagatramka vs Jindal Steel and Power Ltd. & Anr. passed a Judgment dated 15-03-2021 and decided upon the issue whether a person who is #ineligible to submit a #resolutionplan under…

Advocate Sushila

<b>supreme</b> <b>Court</b> HOLDS THAT THERE WILL BE NO TRANSFER OF CASES ON THE GROUND OF ENHANCED PECUNIARY LIMIT UNDER THE CONSUMER PROTECTION ACT, 2019
Recently, the #supremeCourt of India in the case of Neena Aneja and Others vs Jai Prakash Associates Ltd (Civil Appeal Nos. 3766-3767 of 2020), vide its Judgment dated 16.03.2021 held that #consumercomplaints instituted under the Consumer Protection Act of 1986…

Advocate Sushila
Advocate Sushila Ram 19 Mar 2021

<b>supreme</b> <b>Court</b> ISSUES DIRECTIVES FOR UNIFORM PROCEDURE FOR COMPENSATION IN MOTOR ACCIDENT CLAIM CASES
The Two Judge Bench of the Hon’ble #supremeCourt of India comprising of Justices Sanjay Kishan Kaul and R. Subhash Reddy passed an Order dated 16.03.2021 in the case of Bajaj Allianz General Insurance Company Private Ltd. v. Union of India…

Advocate Sushila
Advocate Sushila Ram 17 Mar 2021

<b>supreme</b> <b>Court</b> UPHOLDS NCLT POWER TO ADJUDICATE UPON CONTRACTUAL DISPUTES
The Two Judge Bench of the Hon’ble #supremeCourt of India comprising of Justices DY Chandrachud and M.R. Shah Reddy passed a Judgment dated 08.03.2021 in the case of Gujarat Urja Vikas Nigam Limited v. Mr. Amit Gupta & Ors. {Civil…

Advocate Sushila
Advocate Sushila Ram 15 Mar 2021

<b>supreme</b> <b>Court</b> HOLDS DECISIONS OF COMMITTEE OF CREDITORS BINDING
The Three Judge Bench #supremeCourt has in a recent case of Kalpraj Dharamshi and Anr. Vs Kotak Investment Advisors Ltd and Anr. passed a Judgment dated 10-03-2021 regarding whether National Company Law Tribunal (#NCLT) can interfere with the commercial decisions…

Advocate Sushila

<b>supreme</b> <b>Court</b> REITERATES PRINCIPLES OF STATUTORY BAR ON LEGAL PROCEEDINGS AGAINST DEBTOR DURING MORATORIUM
The #supremeCourt has in a recent case of P. Mohanraj and Others vs M/S Shah Brothers Ispat Pvt Ltd passed a Judgment dated 01-03-2021 regarding whether institution or continuation of proceedings under Section 138/141 of the #NegotiableInstruments Act 1881 (the…
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