Corporate Debtor Not Barred From Raising Pre-Existing Dispute Even When No Reply Was Given To Demand Notice Within 10 Days U/S 8 Of IBC: NCLT Mumbai

The National Company Law Tribunal (NCLT) Mumbai bench of Hon’ble Shri K. R. Saji Kumar (Judicial Member) and Hon’ble Shri Sanjiv Dutt (Technical Member) has held that failure to respond to a demand notice within 10 days under Section 8 of the Insolvency and Bankruptcy Code, 2016 (the Code) does not bar the Corporate Debtor…

Petition U/S 7 Of IBC Against Corporate Guarantor Cannot Be Admitted Unless Valid Delivery Of Guarantee Invocation Notice Is Established: NCLT Mumbai

The National Company Law Tribunal (NCLT) Mumbai bench of Hon’ble Reeta Kohli (Judicial Member) and Hon’ble Madhu Sinha (Technical Member) has held that an insolvency application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (the Code) against the corporate guarantor of the corporate debtor cannot be admitted unless the delivery of the demand-cum-guarantee…

Court decision rejects agreement that would have given Hudson’s Bay lenders control over restructuring

Open this photo in gallery: Hudson’s Bay in Park Royal shopping centre in West Vancouver, B.C. on March 27.Isabella Falsetti/The Globe and Mail A proposed agreement that would have given Hudson’s Bay Co.’s senior lenders the ability to control the retailer’s restructuring has been struck down by the court – introducing the possibility that those…