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In the case of Capri Global Capital Limited Vs. Value Infracon India Pvt. Ltd.(Through its Resolution Professional Mr. Sanjay Kumar Singh) & Anr.( Company Appeal (AT) (Insolvency) No. 29 of 2019) the main issue before the NCLAT was whether the financial creditor can claim voting rights against the total loan amount of the contract or...

In the case of Canbank Factors Ltd. Vs. Dharmendra Kumar (Company Appeal (AT) (Insolvency) No. 789 of 2018) the NCLAT held any kind of debt cannot be recovered during the moratorium period. On 28th February 2018 Corporate Insolvency Resolution Process (CIRP) was initiated against M/s IAP Company Pvt. Ltd. and moratorium was passed. However, it...

In the case of Indiabulls Housing Finance Ltd. v. Shree Ram Urban Infrastructure Ltd. (Company Appeal (AT) (Insolvency) No. 252 of 2018) the main issue before NCLAT was whether another petition under section 7 or 10 of the Insolvency and Bankruptcy Code, 2016 (“IBC”) can be entertained when winding up order has already been passed...

In the case of Lokhandwala Kataria Construction Pvt. Ltd (Corporate Debtor) v. Nisus Finance & Investment Managers LLP (civil appeal NO. 9279 OF 2017), the main issue before the Hon’ble Supreme Court was that whether the Adjudicating Authority could utilize its inherent powers under Rule 11 of the NCLAT Rules, 2016 to allow an application...

The two types Mergers/Amalgamations being referred to in this blog are: Merger (Outbound Merger- domestic company merges with foreign company) or Amalgamation between Indian Company and Foreign Company; Merger (Inbound Merger- foreign company merges with domestic company) or Amalgamation between Foreign Company and Indian Company; Foreign Company: Foreign company means any company or body corporate...