Proof & Company Spirits enters liquidation

Singapore-based distributor Proof & Company Spirits has gone into liquidation, citing ‘mounting challenges’ for the region’s hospitality sector. Proof & Company Spirits in Singapore has gone into liquidation The move was also attributed to the closure of some of the company’s longest-standing restaurants and bars. The decision, supported by the board of directors, shareholders and…

Implication Of Classifying Corporate Debtor As “Fraud” During Corporate Insolvency Resolution Process – Insolvency/Bankruptcy

The recent decision of the Hon’ble National Company Law Tribunal, Mumbai Bench, in the case concerning Rolta India Limited (Corporate Debtor herein), wherein it upheld the right of the Bank of India (Financial Creditor) to classify the Corporate Debtor’s account as “fraud” during the pendency of the Corporate Insolvency Resolution Process (CIRP), has given rise…

‘CERSAI Registration Enough to Claim Secured Creditor Status Under IBC; RoC Non-Registration Not Fatal’: NCLAT [Read Order]

The Delhi bench of the National Company Law Appellate Tribunal (NCLAT) held that CERSAI registration was enough to claim secured creditor status under IBC and noted that RoC non-registration was not fatal. In this case, Bizloan Private Limited appealed against the order passed by the National Company Law Tribunal, Mumbai bench, which classified the appellant…

Bhushan Steel and Power’s ex-promoters seek open court hearing on liquidation review plea; CJI to constitute a bench

The former promoters of Bhushan Steel and Power Ltd (BSPL) on Monday requested the Supreme Court to list their review petition against the company’s liquidation order for an open court hearing. The petition challenges the top court’s May 2 verdict that set aside JSW Steel’s resolution plan and ordered liquidation of BSPL under the Insolvency…

NCLT’s focus on insolvencies impacts corporate oppression responsibilities

Minority shareholders have to take a back seat as the National Company Law Tribunal’s focus has been on insolvencies, which has impacted its other duties, namely the oppression and mismanagement jurisdiction, write Aditya Vikram Bhat and Aadith Sridhar ON9 January 2009, the Blackberrys of corporate lawyers, accountants, law enforcement officers and corporate executives started buzzing…