Conversion Of Corporate Debtor To Private Company Can’t Be Denied On Grounds Of Pending SFIO Probe After Approval Of Resolution Plan: NCLT Mumbai

The National Company Law Tribunal (NCLT), Mumbai Bench of Sh. Prabhat Kumar (Technical Member) and Sh. Sushil Mahadeorao Kochey (Judicial Member)has held that an application for conversion of a company from a public limited company to a private limited company under an approved resolution plan cannot be rejected on the ground that prosecutions or SFIO…

Successful Resolution Applicants Are Bound to Implement Resolution Plan Within Statutory Timelines or Face Consequences

Successful Resolution Applicants Are Bound to Implement Resolution Plan Within Statutory Timelines or Face Consequences | Image: Initiative Desk Analysis of TAGUDA PTE LTD V. STATE BANK OF INDIA & ANR. Hardeep Sachdeva, Abhyudai Singh, Swati Sharma & Damini Sinha The Insolvency and Bankruptcy Code, 2016 (“IBC“) establishes a comprehensive time-bound legislative framework, which has…

Supreme Court Ruling Shakes Up Insolvency and Competition Approvals in India

Introduction In 2016, the Insolvency and Bankruptcy Code (IBC) was introduced, fundamentally changing how distressed businesses in India are restructured and how debt recovery is managed. The IBC has paved the way for significant corporate restructurings, including the high-profile acquisition of Essar Steel by ArcelorMittal and the impending acquisition and revival of Videocon Industries by…

NCLT directs Liquidation u/s 33 of IBC in absence of Resolution Plan even after Extending Time Period [Read Order]

The Kolkata bench of the National Company Law Tribunal (NCLT) directed the liquidation under section 33 of Insolvency Bankruptcy Code (IBC), 2016 in absence of Resolution Plan even after extending the time period. he tribunal ordered the liquidation of Shomuk Consultancy Services Private Limited, the Corporate Debtor and Mr. Mahesh Chand Gupta is appointed as…