Hire Charges Cannot Be Calculated In CIRP Costs When Asset Is Not Used by Corporate Debtor: NCLAT New Delhi

The National Company Law Appellate Tribunal (NCLAT), Principal Bench, New Delhi, consisting of Justice Ashok Bhushan (Chairperson), Barun Mitra (Member – Technical), and Arun Baroka (Member – Technical), dismissed an appeal arising from an order by the NCLT Mumbai. The tribunal held that the hire charges for the assets not used by the corporate debtor…

Funding warning as bulk-billing clinic closes

News One of Canberra’s last fully bulk-billed clinics has entered voluntary administration after struggling to cover costs and attract enough GPs. The Interchange Health Co-operative clinic in Canberra was placed into voluntary administration this week after experiencing ‘intense pressure’. Another general practice has been forced to shut its doors…

NCLT Cannot Suo Moto Amend Date of Default in Insolvency Application Unless Amendment Application is Filed

The tribunal held that no liability can be fastened on the corporate debtor for default committed during Section 10A period. The adjudicating authority has, therefore, not committed any error in holding the Section 9 application as non-maintainable The Adjudicating Authority cannot suo moto change the date of default specified in the insolvency application unless an…

IBC not a tool for debt collection | India

Although the primary aim of the Insolvency and Bankruptcy Code, 2016 (IBC), is to revive financially distressed entities and ensure their continued operation, its practical application often diverges from this goal. Creditors frequently leverage IBC proceedings to secure favourable settlements and maximise debt recovery, bypassing the conventional judicial process. Faced with the prospect of insolvency,…