Only Assets Are Transferred In Going Concern Sale Of Corporate Debtor Under Liquidation, Liabilities Must Be Settled U/S 53 Of IBC: NCLT Mumbai

The NCLT Mumbai bench of Ms. Reeta Kohli (Judicial Member) and Ms. Madhu Sinha (Technical Member) has held that in a sale of the corporate debtor in liquidation as a going concern, only assets are transferred and liabilities have to be discharged as per section 53 of the Code. Brief Facts The Present Application is…

Aircastle Withdraws Insolvency Case Against SpiceJet Following Amicable Settlement

Last Updated:November 28, 2024, 10:15 IST As part of the settlement, all ongoing litigations and disputes between Spicejet and Aircastle (Ireland) Designated Activity Company have been withdrawn from the appropriate forums. Last month, SpiceJet announced the resolution of a $23.39 million dispute with Aircastle (Ireland) Designated Activity Company and Wilmington Trust SP Services (Dublin) Ltd.…

Federal Court finds director reasonably relied on external advice amid potential insolvency

On 6 November 2024, the Federal Court dismissed the Australian Securities and Investments Commission’s (ASIC) case against Paul Ryan, a director of Dixon Advisory & Superannuation Services Pty Limited (DASS). The case alleged that Mr Ryan had breached his directors’ duties by failing to consider the interests of DASS’ creditors when the company was approaching…