Defects In Board Resolution Authorising CIRP Plea Don’t Invalidate Otherwise Valid Proceedings: NCLT Jaipur

The National Company Law Tribunal (NCLT) at Jaipur has held that alleged defects in the certified copy of a Board Resolution, including objections that it did not disclose the date of the Board meeting or carried mechanically reproduced signatures, do not invalidate an insolvency application where the Operational Creditor has, in substance, authorized the initiation…

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RP Cannot Be Personally Faulted for Allowing Operational Creditor to Vote on Its Own Resolution Plan in Bona Fide Discharge of Statutory Duties: NCLAT [Read Order]

The National Company Law Appellate Tribunal (NCLAT) has held that a Resolution Professional (RP) cannot be personally faulted for permitting a sole Operational Creditor to vote on its own Resolution Plan where such action was taken in a bona fide discharge of statutory duties under the Insolvency and Bankruptcy Code (IBC). Consequently, the Appellate Tribunal…

Pending Avoidance Proceedings Cannot Override CoC’s Commercial Wisdom to Liquidate Corporate Debtor: NCLT [Read Order]

The Mumbai Bench of the National Company Law Tribunal (NCLT) has held that the pendency of avoidance transaction proceedings under the Insolvency and Bankruptcy Code, 2016 (IBC) cannot obstruct the liquidation of a corporate debtor once the Committee of Creditors (CoC) has in its commercial wisdom resolved to liquidate the company under Section 33(2) of…

Insolvency Plea Cannot Be Rejected Merely for Initial Non Filing of Information Utility Record if Default is Otherwise Proven: NCLT [Read Order]

The National Company Law Tribunal (NCLT) has held that a financial creditor’s insolvency application cannot be rejected merely because the Record of Default from an Information Utility (IU) was not filed along with the initial petition provided that the financial debt and default are otherwise established through admissible evidence. The Financial Creditor submitted that it…

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