Reliance Infrastructure urges SEBI, NSE and BSE to review trading restrictions linked to IBC cases

Reliance Infrastructure Ltd has approached the Securities and Exchange Board of India (SEBI), the NSE and the BSE, seeking a review of the surveillance framework applicable to companies linked to proceedings under the Insolvency and Bankruptcy Code (IBC). In a formal representation submitted to the market regulators and exchanges, the company has requested a review…

RP Can Recover Corporate Debtor’s Assets from Unauthorized Occupants Without Resorting to Civil Suit: NCLAT [Read Order]

The National Company Law Appellate Tribunal (NCLAT) has reiterated that a Resolution Professional (RP) is empowered to recover possession of a corporate debtor’s assets from unauthorized occupants through proceedings under the Insolvency and Bankruptcy Code, 2016 (IBC) and need not initiate a separate civil suit for eviction. The matter arose after the commencement of the…

Unregistered Profit-Sharing Agreements Cannot Confer Occupancy Rights During CIRP: NCLAT upholds Eviction of Occupant

The National Company Law Appellate Tribunal (NCLAT) has upheld the eviction of Tru Prime Pvt. Ltd. from portions of a hotel owned by the corporate debtor and held that unregistered profit-sharing agreements cannot confer any occupancy rights over immovable property during the Corporate Insolvency Resolution Process (CIRP). The dispute arose after the Resolution Professional (RP)…

Simad Holdings files for bankruptcy in US

The move comes after the owners, brothers Michael and David Shabsels, were reported to have emptied the company of its cash. After disclosing that its owners had emptied its cash reserves, US summer camps company Simad Holdings (TASE: SIMD) reported on Friday that it had filed for chapter 11 protection in New…

NCLAT Ligare Aviation Insolvency: NCLAT quashes Ligare Aviation’s insolvency; loan from Religare Enterprises round-tripping of money, ETInfra

The high court passed orders attaching properties of the different group companies, including RHC Holdings, which was a debtor to Ligare Aviation. The National Company Law Appellate Tribunal (NCLAT) has set aside insolvency proceedings against Ligare Aviation Ltd, holding that the NCLT erred in admitting the plea filed by Religare Enterprises without properly examining the…

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NCLAT quashes Ligare Aviation’s insolvency; loan from Religare Enterprises round-tripping of money

The National Company Law Appellate Tribunal (NCLAT) has set aside insolvency proceedings against Ligare Aviation Ltd, holding that the NCLT erred in admitting the plea filed by Religare Enterprises without properly examining the nature of the underlying transactions, which was “only round tripping of money” and not “any genuine financial transaction”. In a strongly worded…