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Learning Curve Title
Learning Curve 1027Application for withdrawal of CIRP is to be necessarily filed by the Applicant who have initiated CIRP against the CD under Sec 7/9/10 of the IBC
Learning Curve 1026The fact that CIRP admission application is affirmed by the Appellate Tribunal does not denude the jurisdiction of AA to examine the allegations made u/s 65.
Learning Curve 1025The AA has no power and authority under the IBC to declare an assessment order as void ab initio and non est in law
Learning Curve 1024When separate Purchase Orders were issued and separate invoices were raised by 3 associated companies of the CD, all the invoices cannot be clubbed to meet the threshold u/s 4 of IBC
Learning Curve 1023Amount of advance paid for purchase of shares of the CD does not fall under the definition of Financial Debt as it was not disbursed against the consideration for the time value of money.
Learning Curve 1022The basis that the trademark was hypothecated for a bigger amount and has been assigned for lesser amount would not be a criterion for the purpose of declaring it to be undervalued transaction
Learning Curve 1021Claim in respect of a settlement agreement cannot be regarded as Operational Debt u/s 5(21)
Learning Curve 1020The protection of the moratorium will not be available to the directors/officers of the company.
Learning Curve 1019CoC can take decision for liquidation of CD without taking any step regarding resolution of CD in CIRP
Learning Curve 1018Supreme Court dismissed the plea to direct CG to notify Part III of IBC, 2016