Adjudicating Authority Cannot Direct Realisation Of Security Interest U/S 52(5) Of IBC In Absence Of Resistance From Corporate Debtor: NCLT Mumbai

The National Company Law Tribunal (NCLT) Mumbai bench of Shri Anil Raj Chellan (Technical Member) and Shri K. R. Saji Kumar (Judicial Member)has held that the Adjudicating Authority cannot direct realisation of security interest under section 52(5) of the IBC when the Secured Creditor has failed to establish any resistance from the Corporate Debtor or…

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covid cost overruns and whiskey tariffs blamed

The Killarney Brewing and Distilling Company which went into liquidation this week had dozens of creditors when it entered the examinership process in April, with more than €8m owed. The company confirmed the unsuccessful conclusion of its examinership process on Tuesday, with more than 50 jobs impacted by the brewery ceasing operations. The company premises…

NCLT’s inherent power to permit liquidation withdrawal |SCC Times

National Company Law Tribunal, Chandigarh: In an instant application filed by the applicant, under Section 59, 60(5) and other applicable provisions of the Insolvency and Bankruptcy Code, 2016 (IBC), read with Insolvency and Bankruptcy Board of India (Voluntary Liquidation Process) Regulations, 2017 (‘Voluntary Liquidation Regulations’) for withdrawal of voluntary liquidation of the Company, the Bench…

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