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    Bombay High Court upholds NCLT’s decision to release ED attached properties after nod to IBC Resolution Plan
    2024-03-18

    The High Court of Bombay (“Court”) in a recent judgment[1] has upheld the NCLT’s powers to direct the Directorate of Enforcement (“ED”) to release attached properties of a corporate debtor, once a resolution plan in respect of the corporate debtor had been approved.

    Filed under:
    India, Company & Commercial, Insolvency & Restructuring, Litigation, Cyril Amarchand Mangaldas, Insolvency and Bankruptcy Code (India), Bombay High Court, National Company Law Tribunal
    Authors:
    Ankoosh Mehta , Darshan Patankar , Rahil Mehta
    Location:
    India
    Firm:
    Cyril Amarchand Mangaldas
    Dispute Resolution Legal Milestones | Trilegal Quarterly Roundup Jul-Sep 2023
    2023-10-27

    The original version of this article was first published in the Trilegal Quarterly Roundup 

    Key Developments

    1. Supreme Court clarifies that under Insolvency and Bankruptcy Code, 2016, creditors hold priority over government dues

    Filed under:
    India, Arbitration & ADR, Insolvency & Restructuring, Litigation, Trilegal, Insolvency and Bankruptcy Code (India), Delhi High Court, Bombay High Court, Supreme Court of India
    Authors:
    Mohit Rohatgi , Ashwini Tak , Karan Trehan
    Location:
    India
    Firm:
    Trilegal
    Bombay High Court affirms jurisdiction of NCLT to direct ED to release the attached properties after approval of resolution plan
    2024-05-07

    In the case of Shiv Charan and Ors.

    Filed under:
    India, Insolvency & Restructuring, Litigation, JSA, Anti-money laundering, Insolvency, Bombay High Court, National Company Law Tribunal
    Authors:
    Varghese Thomas , Soumitra Majumdar , Abhay Agarwal , Ahsan Allana , Kabir Saund
    Location:
    India
    Firm:
    JSA
    Bombay High Court affirms jurisdiction of NCLT to direct ED to release the attached properties after approval of resolution plan
    2024-05-30

    In the case of Shiv Charan and Ors. v Adjudicating Authority and Anr.1, the Division Bench of the Hon’ble High Court of Bombay (“Bombay HC”) inter alia upheld the powers of the National Company Law Tribunal, Mumbai (“NCLT”) to direct the Enforcement Directorate (“ED”) to release attached properties of a corporate debtor, after the approval of a resolution plan by the NCLT, in light of Section 32A of the Insolvency & Bankruptcy Code, 20162 (“IBC”).

    Filed under:
    India, Insolvency & Restructuring, Litigation, JSA, Anti-money laundering, Insolvency, Bombay High Court, National Company Law Tribunal
    Authors:
    Varghese Thomas , Soumitra Majumdar , Abhay Agarwal , Ahsan Allana , Kabir Saund
    Location:
    India
    Firm:
    JSA
    Priority Of Dues Under SARFAESI: Bombay High Court Reiterates
    2023-07-24

    In a significant order passed on June 28, 2023, in the case of Ronak Industries vs.

    Filed under:
    India, Banking, Insolvency & Restructuring, Litigation, Cyril Amarchand Mangaldas, Recovery of Debts and Bankruptcy Act 1993 (India), Insolvency and Bankruptcy Code (India), Bombay High Court, Supreme Court of India
    Authors:
    Indranil D Deshmukh , Saloni Kapadia
    Location:
    India
    Firm:
    Cyril Amarchand Mangaldas
    Bombay High Court holds that mere pendency of a Section 7 application under IBC does not bar appointment of an arbitrator under Section 11 of the Arbitration Act
    2023-07-07

    A single bench of the High Court of Bombay (“Bombay HC”) in Sunflag Iron & Steel Co. Ltd. v. M/s Poonamchand & Sons has held that appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 (“ArbitrationAct”) cannot be prevented on account of initiation of proceedings under Section 7 of the Insolvency and Bankruptcy Code, 2016 (“IBC”).

    Brief Facts

    Filed under:
    India, Arbitration & ADR, Insolvency & Restructuring, Litigation, JSA, Arbitration and Conciliation Act 1996 (India), Insolvency and Bankruptcy Code (India), Delhi High Court, Bombay High Court, National Company Law Tribunal
    Authors:
    Farhad Sorabjee , Pratik Pawar , Ananya Verma
    Location:
    India
    Firm:
    JSA
    Bombay High Court: Under SARFAESI and RDDB Act, claims of secured creditors would take priority over the dues of taxing/revenue authorities during the enforcement of security interest.
    2022-10-07

    In a recent decision, a 3 (three) judge bench of the High Court of Bombay (“Bombay High Court”) in the case of Jalgaon Janta Sahakari Bank Ltd. & Anr. v. Joint Commissioner of Sales & Anr, has held that the dues of secured creditors would rank superior to dues of state government upon sale of a secured asset under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (“SARFAESI Act”) and Recovery of Debts and Bankruptcy Act, 1993 (“RDDB Act”).

    Filed under:
    India, Insolvency & Restructuring, Litigation, JSA, Liquidation, Recovery of Debts and Bankruptcy Act 1993 (India), Bombay High Court, Supreme Court of India
    Authors:
    Dheeraj Nair , Vishrutyi Sahni , Ridhima Sharma
    Location:
    India
    Firm:
    JSA
    District Magistrate is not empowered to hear the borrower or third parties while deciding a Section 14 application filed by a secured creditor.
    2022-09-12

    On August 3, 2022, a division bench of the Hon’ble Bombay High Court (“High Court”) comprising of Justice K.R. Shriram, and Justice A.S. Doctor in the case of Phoenix ARC Pvt. Ltd. & Anr. v.

    Filed under:
    India, Insolvency & Restructuring, Litigation, JSA, Secured creditor, Bombay High Court, Supreme Court of India
    Authors:
    Varghese Thomas , Yohaann Limathwalla , Ahsan Allana
    Location:
    India
    Firm:
    JSA
    Maintainability of applications under Section 95 of The Insolvency and Bankruptcy Code, 2016 in the absence of pending CIRP of the Corporate Debtor
    2022-07-22

    I. Introduction

    Proceedings against personal guarantors find their origin in Section 128 of the Contract Act, 1872 which deals with the co-extensive liability of a surety. It has long been considered that a surety’s liability to pay the debt is not removed by reason of the creditor’s omission to sue the principal debtor. Such a creditor is not bound to exhaust his remedy against the principal debtor before suing the surety, and a suit may be maintained against the surety even though the principal debtor has not been sued.

    Filed under:
    India, Banking, Company & Commercial, Insolvency & Restructuring, Litigation, Parinam Law Associates, Bankruptcy, Contract Act 1872 (India), Insolvency and Bankruptcy Code (India), Bombay High Court, Supreme Court of India, National Company Law Tribunal
    Authors:
    Pooja Tidke , Krushi N Barfiwala
    Location:
    India
    Firm:
    Parinam Law Associates
    Competition Law Year in Review - Highlights Of 2018
    2019-01-28

    ​I. Institutional changes

     

    Filed under:
    India, Competition & Antitrust, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Luthra and Luthra Law Offices, Merger control, European Commission, Competition Commission of India, Delhi High Court, Bombay High Court, Supreme Court of India
    Location:
    India
    Firm:
    Luthra and Luthra Law Offices

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