Page 6 - Nclat

Ex-promoters can't hold stake in insolvent firm, says Supreme Court

In March 2022, the NCLAT dismissed an appeal filed by the Singhals that challenged the October 2021 NCLT order that asked the promoter group to sell their 25 mn shares at Rs 2 a piece to Tata Steel

NCLAT dismisses Siemens' plea against encashment of its guarantee in MEL

The National Company Law Appellate Tribunal (NCLAT) has dismissed an appeal by Siemens Ltd against the invocation of its bank guarantees by Meenakshi Energy. Meenakshi Energy Ltd (MEL) which is presently facing insolvency proceedings, was setting up a 700 MW thermal plant, in which Siemens was a sub-contractor for the project. The appellate tribunal has upheld the earlier order of the Hyderabad bench of the National Company Law Tribunal (NCLT) in this regard and noted the bank guarantees were invoked by MEL on the ground that Siemens failed to perform its obligations in terms of the agreements. "... Also keeping in view that we do not find any material on record with respect to any fraud, we do not find any illegality or infirmity in the order of the Impugned Order (of NCLT)," said a two-member NCLAT bench. The Resolution Professional of MEL had sought permission for the release of Rs 2.50 crore and permitted it to be utilised against the overall outstanding amount of Rs 13.06 cror

Supreme Court to hear Amazon's appeal against NCLAT order on October 11

CCI had suspended the 2019 investment deal between Amazon and Future group firm (Future Coupons) and NCLAT had upheld CCI's decision

JSW Paints likely to contest CCI's order on Asian Paints in NCLAT

This move by JSW Paints comes after CCI disposed off JSW Paints plea which stated that Asian Paints blocked its entry in the decorative paints segment

NCLAT sets aside insolvency proceedings against Mack Star Marketing

Appellate tribunal NCLAT has set aside insolvency proceedings against Mack Star Marketing initiated by the NCLT Mumbai after observing that the term-loan provided by Yes Bank to it was an "eye-wash" and "collusive in nature". A two-member bench held such collusive transactions do not fall within the ambit of the definition of Financial Debt as defined under Section 5(8) of the Insolvency & Bankruptcy Code and therefore Suraksha Asset Reconstruction cannot be termed as a Financial Creditor. The NCLAT observed that out of Rs 147.6 crore -- sanctioned by Yes Bank in Mack Star's name for the purpose of renovating 'Kaledonia' a two-year-old building constructed at a cost of Rs 100 crore -- more than 99 per cent of the amount was routed back to Yes Bank either on the same day or within a very short period. "The chequered history of the loan transactions and collusive arrangements indulged by Yes Bank demonstrates that the Term Loans disbursed in the name of Mack Star is an eye-wash' and

Appoint new CFO for RattanIndia Finance within 60 days, says NCLAT

Appellate tribunal NCLAT on Wednesday set aside an NCLT order and directed to appoint a CFO for non-banking finance company RattanIndia Finance within 60 days. A three-member NCLAT bench said any suggested candidate by the JV partner LSF 10 Rose Investments, under section 140 of the articles of association (AoA) of the company, should be eligible under the provision of section 203 of the Companies Act, which provides for the appointment of Key Managerial Personnel (KMP). The National Company Law Appellate Tribunal (NCLAT) also held that NCLT had "committed error" in inferring that provision in article 140 of the AoA does not contemplate that a person's nomination can be considered to be valid or invalid. "The Impugned Order (of NCLT) is, therefore, set aside and the parties are directed to take necessary action for appointment of CFO of the R-2 company (Rattan India Finance) as per article 140 of the AoA, after making valid nominations, keeping in view section 203 of the Companies .

Amazon-Future Group row: Supreme Court to hear matter on September 19

"Amazon had misrepresented the scope and purpose of the proposed combination," CCI had said before the NCLAT

Centre may drop CEL sale amid ongoing money laundering case against bidder

A case is pending against Nandal Finance at NCLAT; RoC has also filed a winding-up petition against the firm

Centre set to wait for NCLAT ruling for Pawan Hans sale, hearing on Sept 1

The government's decision is based on the recommendation of its transaction adviser

WhatsApp has not abused its dominant position in India, rules NCLAT

The NGO had alleged that WhatsApp has made many changes to its privacy policy from the time Facebook acquired it, which was an abuse of its dominant position.

NCLAT stays NCLT order terming allotment of shares in Peerless 'void'

About 30,000 shares of Peerless had been issued to friends, relatives and nominees of the Roys, promoters of Peerless, in 1988 following an annual general meeting

Panel led by cabinet secy seeks more info on Central Electronics sale

Privatisation of state-owned firm held up after money laundering case against top bidder

Defaulting firm's debt includes both principal and interest: NCLAT

Case related to a company that challenged insolvency proceeding against it for delaying payments to borrower

Some gaps in ILC recommendations on resolution process, say experts

Report seen as unclear on who should pursue cases related to avoidable transactions and improper trading under bankruptcy code

Realty firm Supertech plans Rs 300-crore fundraise for ongoing projects

On June 10, the NCLAT ordered starting of insolvency proceedings in only one of the housing projects of realty firm Supertech and not the entire company

Will Amazon be able to overcome challenges to its expansion plans in India?

A tougher global e-commerce environment and repeated policy and regulation problems are raising questions about the company's India expansion plans

5 years of IBC: Loans taken for telecom, oil assets sank Videocon

VIL's problems began after it entered the telecommunications (telecom) business and its second generation (2G)-based telecom licences were cancelled by the Supreme Court (SC) in 2012

NCLAT upholds CCI order, asks Amazon to pay Rs 200 cr penalty in 45 days

The National Company Law Appellate Tribunal rejected Amazon's plea challenging the decision of CCI to suspend the approval for the e-commerce major's deal with Future Coupons

NCLAT begins insolvency proceedings in just one project of Supertech

NCLAT on April 12 stayed the formation of CoC as the promoters have sought some time to settle the matter with their financial creditor

NCLAT stays insolvency proceedings against RHC Holding initiated by NCLT

The National Company Law Appellate Tribunal (NCLAT) has stayed the insolvency proceedings against RHC Holding, an entity promoted by former promoters of erstwhile Ranbaxy and Fortis Healthcare