INSOLVENCY PROCEEDINGS
Kapil Wadhawan moves NCLAT to challenge insolvency proceedings against him
Erstwhile Dewan Housing Finance promoter Kapil Wadhawan challenged NCLT order for personal insolvency proceedings, moved NCLAT. NCLT's Mumbai bench had directed the initiation of proceedings over Union Bank plea. NCLAT adjourned the hearing to July 18 and appointed Devendra Mehta as resolution professional. Wadhawan, guarantor of DHFL loans, faced insolvency proceedings in November 2019. DHFL acquired by Piramal Capital for Rs 34,250 crore, creditors recover Rs 38,000 crore.
IBBI introduces electronic forms for monitoring liquidation processes
IBBI introduces electronic forms to streamline liquidation, enhancing compliance. From record-keeping to distribution, the forms cover all stages. IPs face a deadline for ongoing cases under the new circular. The initiative aims to boost efficiency and accuracy in insolvency procedures.
IBC helps personal guarantors resolve financial stress: MCA
The Insolvency and Bankruptcy Code (IBC) provides opportunities for defaulting firms and personal guarantors to restructure debts. The Ministry of Corporate Affairs (MCA) emphasized the importance of trust in financial transactions and highlighted the benefits of the IBC for resolving financial difficulties. Data from the Insolvency and Bankruptcy Board of India (IBBI) shows a high number of applications for the insolvency resolution process of personal guarantors to corporate debtors.
Get InvITs under purview of bankruptcy law: SBI MD
SBI official, Ashwini Kumar Tewari, urges inclusion of Infrastructure Investment Trusts (InvITs) in the Insolvency and Bankruptcy Code for lender protection. Tewari is in discussions with the Reserve Bank and government for this initiative.
IBBI proposes amendments to insolvency rules; seeks public comments
IBBI proposes amendments to enhance efficiency and reduce costs in the Insolvency Resolution Process for Corporates, seeking stakeholder inputs by July 10.
NCLAT directs NCLT to hear afresh insolvency plea by APL Apollo Tubes
NCLAT directs NCLT to rehear APL Apollo Tubes insolvency plea against Tanisha Scaffolding. Bench criticizes Bengaluru NCLT for rejecting claims on 'hypothetical interpretation' related to Purchase Order and Demand Notice. NCLAT emphasizes adherence to statute in tribunals. NCLAT orders expeditious proceedings.
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NCLT orders insolvency proceeding against Supernova project developer Supertech Realtors
NCLT orders insolvency proceedings against Supertech Realtors for defaulting Rs 168.04 crore to Bank of Maharashtra in the Supernova project.
SC stays NCLAT's order initiating insolvency proceedings against Purvanchal Vidyut Vitran Nigam
A vacation Bench of Justice Sanjay Kumar and Justice Augustine George Masish also issued a notice to its operational creditor S.R.V. Techno Engineering and posted the matter for further hearing on July 26.
Curb on unfair GST demand recovery proceedings: GST official needs prior approval from higher authority to act within 3 months of demand
GST demand order: If you have received a GST demand order, you can either it pay it or file an appeal against it. However if GST officials believe that it is necessary to ask for early payment of the demand before the stipulated time period they can do so. However they need to give a justifiable reason to do so.
Go First granted 60-day extension by NCLT to complete insolvency proceedings
Bankrupt airline Go First has been granted an additional 60 days by the National Company Law Tribunal (NCLT) to conclude its insolvency proceedings, extending the deadline to June 3, 2024. The NCLT initially accepted Go First's plea for voluntary insolvency on May 10, 2023, following its suspension of operations on May 3, 2023
Jaiprakash Associates Insolvency: NCLAT asks ICICI to consider one-time settlement proposal
NCLAT issues notice to ICICI Bank over Jaiprakash Associates Ltd's one-time settlement proposal, opposed by creditors. JAL aims to pay debt of over Rs 26,000 crore within 18 weeks if OTS is accepted.
Suspended board of Jaiprakash Associates moves NCLAT, challenges insolvency proceedings
Jaiprakash Associates' suspended board challenged NCLT's order for insolvency proceedings, with the matter listed before NCLAT. NCLT admitted ICICI Bank's plea on June 3, appointing Bhuvan Madan as Interim Resolution Professional. Despite JAL's claims of liquidity crunch and asset-rich status, NCLT upheld the insolvency decision. The tribunal also dismissed JAL's objections regarding debt restructuring and asset transfers.
NCLT initiates insolvency against Himalayan Mineral Water
The National Company Law Tribunal (NCLT) has approved insolvency proceedings against Himalayan Mineral Waters due to defaulting on a corporate guarantee to Jammu & Kashmir Bank for LeeL Electricals. The tribunal appointed Bhoopesh Gupta as the interim resolution professional. J&K Bank claimed a default of Rs 50 crore, leading to this decision.
IBBI issues new guidelines to streamline process of appointing IPs as resolution professionals
The Insolvency and Bankruptcy Board of India (IBBI) issues new guidelines to streamline the appointment of insolvency professionals (IPs) as interim resolution professionals, liquidators, and bankruptcy trustees, effective from July 1, 2024.
NCLT dismisses developer’s intervention plea at pre-admission stage
The National Company Law Tribunal dismissed an intervention petition by Surya Landmark Developers regarding exclusion of its prime 0.5-acre land parcel in Mumbai's Lower Parel from insolvency proceedings initiated by ACRE.
NCLT admits personal insolvency plea against Rajkumar Dhoot of Videocon
The NCLT in Mumbai has admitted SBI's application against Rajkumar Dhoot of Videocon Group for a Rs 5,353-crore default by Videocon Industries, where Dhoot was a personal guarantor.
NCLT rejects JAL's claim of liquidity crunch due to delay in govt approvals, litigations
JAL has submitted that it is an "asset rich company", even after sale of cement plants to resolve the loans under Bucket 1 and Bucket 2A, assets like Real Estate Business - Noida and Greater Noida (about 11,000 flats) will remain with the company. Besides, it had other assets such as two 5 Five Star Hotels/Resort in Delhi, and one in Agra, two Golf Courses in Noida and Greater Noida, a Formula One Sports Complex and Cricket Stadium with Real Estate.
Insolvency proceedings ordered against Jaiprakash Associates; these Jaypee homebuyers won't be impacted
Jaypee home buyers: Jaiprakash Associates Ltd (JAL) is currently in the process of insolvency proceedings, and an appointed resolution professional by the NCLT will now assume control. As per a news report from the Times of India, the board, previously led by the Gaurs, will cease to function.
SC dismisses Adisri Commercial's appeal against insolvency proceedings on SREI Firms
The Supreme Court dismissed Adisri Commercial's appeal against the admission of insolvency proceedings against SREI Infrastructure Finance (SIFL) and SREI Equipment Finance (SEFL), imposing a cost of Rs one lakh for filing a frivolous petition. Upholding the National Company Law Appellate Tribunal's (NCLAT) decision, the court rejected Adisri Commercial's petition seeking to quash the Corporate Insolvency Resolution Process (CIRP) initiated against the two SREI companies
Timely rescue of firms pushes IBC recovery to 49%
Creditors in India have been able to recover nearly half of their claims under the Insolvency and Bankruptcy Code (IBC) when the resolution is completed within the 330-day deadline. However, delays have lowered the proportion of money recovered. The IBC was introduced eight years ago and has been the most challenging to address due to litigation-related holdups. Experts have called for amendments to the IBC to address this issue.
Edelweiss, Phoenix among ARCs vying for IOB's Rs 13,472-crore NPAs
Edelweiss ARC, Phoenix ARC, Omkara ARC, and Prudent ARC eye Indian Overseas Bank's loan portfolio. Sets with reserve prices. ARCs conduct due diligence. Bank reports lower non-performing Assets.
NCLT orders insolvency proceedings against Subhash Chandra on Indiabulls Housing Finance plea
Indiabulls Housing Finance Ltd (IHFL) had moved NCLT after Vivek Infracon had in 2022 defaulted a payment of around Rs 170 crore. Vivek Infracon is a part of Essel Group promoted by Chandra.
NCLAT stays insolvency proceedings against Captain GR Gopinath's Deccan Charters till April 26
The National Company Law Appellate Tribunal (NCLAT) has halted insolvency proceedings against Deccan Charters, owned by Captain GR Gopinath, until April 26, 2024, following a plea by financial creditor Krone Finstock citing a default of Rs 10 crore. NCLAT directed a reply from Krone Finstock within four days and instructed the interim resolution professional to pause proceedings.
NCLAT upholds insolvency proceedings against Tulip Hotels over default of guarantees
The National Company Law Appellate Tribunal (NCLAT) upheld insolvency proceedings against Tulip Hotels for defaulting on Rs 450 crore corporate guarantees given for Cox & Kings and EzeeGo One Travel & Tours. Yes Bank initiated the process over a plea for Rs 900 crore default.
NCLAT rejects homebuyers' plea for insolvency against Ansal Hi-tech Township
NCLAT annulled insolvency plea against Ansal Hi-tech Township Ltd in Greater Noida, upholding NCLT's decision on insufficient criteria. Multiple entities like RERA Act, promoter, and threshold limit were vital in the ruling.
NCLAT permits John Energy to deposit Rs 254 cr settlement amount
NCLAT allows John Energy to deposit Rs 254 crore with 12% interest for OTS with ICICI Bank and Axis Bank, pending NCLT's decision on the insolvency plea. Various details and parties involved in the case are discussed.
Byju’s US lenders invoke parent company's guarantee in insolvency proceedings
NCLT gives Byju’s three weeks to respond to US lenders’ petition; seeks response to BCCI plea as well
NCLT orders insolvency proceedings against Sankalp Siddhi Developers
The SPV was promoted by Ahuja Hive, now known as Hive Carbon-Zero Developers, for the development of a project in Mumbai's Jogeshwari suburb, and has been controlled and managed by Chinese group Fosun since 2022. The company's operational creditor, Lekha Enterprises, filed an insolvency petition following the default in its payments against services rendered under a work contract awarded by the company in June 2022.
NCLT orders insolvency proceedings against Fosun's affiliate realty company
The SPV was promoted by Ahuja Hive, now known as Hive Carbon-Zero Developers, for the development of a project in Mumbai’s Jogeshwari suburb, and has been controlled and managed by Chinese group Fosun since 2022.
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