Pending NCLAT Appeal No Bar to PNB’s Swiss Challenge Auction of Stressed Assets: Madras HC [Read Order]

The Madras High Court has held that a pending appeal before the National Company Law Appellate Tribunal (NCLAT) does not restrain a bank from proceeding with the Swiss Challenge auction of stressed assets. Aban Offshore Limited, a listed public company engaged in offshore drilling operations, had availed multiple credit facilities from PNB. Following persistent defaults, the account…

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To use this website, cookies must be enabled in your browser. To enable cookies, follow the instructions for your browser below. Facebook App: Open links in External Browser There is a specific issue with the Facebook in-app browser intermittently making requests to websites without cookies that had previously been set. This appears to be a…

Avoidance Relief u/s 43 Unsustainable without Proof that Corporate Debtor Granted Preference: NCLT Rejects ₹26.79 Crore Claim against Sintex Industries [Read Order]

The Ahmedabad Bench of the National Company Law Tribunal (NCLT) has dismissed an avoidance application seeking reversal of an alleged preferential transaction worth ₹26.79 crore, holding that relief under Section 43 of the Insolvency and Bankruptcy Code (IBC) cannot be granted unless it is established that the Corporate Debtor itself granted the alleged preference. The…