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The Hon’ble Supreme Court, in the case of JK Jute Mill Mazdoor Morcha vs. Juggilal Kamlapal Jute Mills Co. Ltd. [ Civil Appeal No. 20978 of 2017] answered whether a trade union can be said to be an ‘Operational Creditor’ for the purpose of the Insolvency and Bankruptcy Code, 2016 (“Code”). The case came up in...

In the case of M/S Innoventive Industries Pvt. Ltd vs. ICICI Bank & Anr { CIVIL APPEAL No. 8337-8338 of 2017], the Hon’ble Supreme Court for the first time explained the paradigm shift in the law by virtue of the newly enacted Insolvency and Bankruptcy Code, 2016 (“Code”) which consolidates and amends all the insolvency...

In the case of IndiaBulls Housing Finance Ltd. vs. Rudra Buildwell Projects Pvt. Ltd [Company Appeal (T) (insolvency) No. 172 of 2019] the question before NCLT is whether the appellant can claim to be a ‘Financial Creditor’ under the Insolvency and Bankruptcy Code, 2016 (“Code”) or not? In the above case, a tripartite agreement was...

In the case of Cholamandalam Investment & Finance Co. Ltd vs. R. Venkataraman [Appeal No. 160 of 2019] an appeal was made to the National Company Law Appellate Tribunal (“NCLAT”) seventeen days beyond the maximum period of limitation specified under section 61 (2) of the Insolvency and Bankruptcy Code, 2016 (“Code”). The question before the...

In the case of  K. Kishan v. Vijay Nirman Company Pvt Ltd (CIVIL APPEAL NO. 21824 OF 2017) it was held by the Hon’ble Supreme Court that when objections are pending under Section 34 or Section 37 of the Arbitration and Conciliation Act it will be held that the amount is disputed debt. The facts...

In the case of Vijay Kumar Jain vs Standard Chartered Bank and others(Civil Appeal No.8430 Of 2018) the main issue before the Hon’ble Supreme Court is whether erstwhile board of directors of the Corporate Debtor should be given confidential documents like resolution plan. Standard Chartered Bank Ltd. and DBS Bank Ltd. who were the financial...

In the case of Uttara Foods and Feeds Private Limited v. Mona Pharmachem (CIVIL APPEAL NO. 18520 OF 2017 (Arising out of SLP(C) No. 26824 of 2017)) the Hon’ble Supreme Court recommended that competent authorities amend the relevant rules to include inherent powers of the tribunals. The facts of the case were that Mona Pharmachem...