Posts

NCLT JUDGEMENT ON RULE 7 OF THE INSOLVENCY AND BANKRUPTCY (APPLICATION TO ADJUDICATING AUTHORITY) RULES, 2016 AND SECTION 10, 10(4), 10(4)(A) OF THE INSOLVENCY AND BANKRUPTCY CODE, 2016

Image
        NAME MOBILE NO. E-MAIL I’D RANJEET   KUMAR 8383098478 ,  9667769795 rk@courtkutchehry.com JAI THAKUR 8130703334 ,  9355723300 jai.thakur@courtkutchehry.com RAJEEV   RANJAN 9334553249 rajiv.ranjan@courtkutchehry.com ASHOK   MISHRA 9718327746 sales@courtkutchehry.com RAVI   KUMAR ravi.singh@courtkutchehry.com In Re_ Synew Steel Private Limited Vs., (2020) 06 NCLT CK 0002 NCLT allowed the application filed by the applicant under Section 10 of the IBC, 2016, R/w Rule 7 of the l&B (Application to Adjudicating Authority) Rules, 2016, by inter alia seeking to initiate Corporate Insolvency Resolution Process (CIRP), on the ground that it has committed default for total amount of Rs.1,18,56,964/- (Rupees One Crore Eighteen Lakh Fifty Six Thousand Nine Hundred and Sixty Four only) which includes Financial Creditors (Rs.27,84,394/-) and Operational Creditors (Rs.90,72,570/-). While allowing the application NCLT held that as stated sup...

NCLT JUDGEMENT ON SECTION 133, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 230(9), 231, 232 OF THE COMPANIES ACT, 2013

Image
        NAME MOBILE NO. E-MAIL I’D RANJEET   KUMAR 8383098478 ,  9667769795 rk@courtkutchehry.com JAI THAKUR 8130703334 ,  9355723300 jai.thakur@courtkutchehry.com RAJEEV   RANJAN 9334553249 rajiv.ranjan@courtkutchehry.com ASHOK   MISHRA 9718327746 sales@courtkutchehry.com RAVI   KUMAR ravi.singh@courtkutchehry.com In Re_ Snoways Laundrers And Drycleaners Private Limited Vs., (2020) 06 NCLT CK 0003 NCLT allowed the application filed by the applicant under sections 230-232 of the Companies Act, 2013 ("the Act") read with rule 3 of the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016 ("the Rules"), by inter alia seeking to dispense with convening of meetings of the Equity Shareholders and the Unsecured Creditors of the Applicant Company for purpose of considering the proposed scheme etc. While allowing the application NCLT held that in the instant case, as detailed supra, the Company involved in the case, have filed ne...

NCLT JUDGEMENT ON SECTION 248, 248(1), 252, 252(1), 252(3), 455 OF THE COMPANIES ACT, 2013, SECTION 252 OF THE COMPANIES ACT, 1956 AND RULE 7, 9 OF COMPANIES (REMOVAL OF NAMES OF COMPANIES FROM THE REGISTER OF COMPANIES) RULES, 2016

Image
        NAME MOBILE NO. E-MAIL I’D RANJEET   KUMAR 8383098478 ,  9667769795 rk@courtkutchehry.com JAI THAKUR 8130703334 ,  9355723300 jai.thakur@courtkutchehry.com RAJEEV   RANJAN 9334553249 rajiv.ranjan@courtkutchehry.com ASHOK   MISHRA 9718327746 sales@courtkutchehry.com RAVI   KUMAR ravi.singh@courtkutchehry.com Bds Security Services Private Limited Vs. Registrar Of Companies Nct Of Delhi And Haryana And Ors, (2020) 07 NCLT CK 0033 NCLT allowed the appeal filed by the applicant, under Section 252 of the Companies Act, 2013 for restoration of the name of the struck off company. While allowing the appeal NCLT held that the Appellant has submitted sufficient evidence that it has been in operation since incorporation and during the period preceding strike off, therefore it could not be termed as a defunct company as per section 252 of the Act. Thus, taking into consideration the provisions of Section 252(1) of the Companies Act, 2013 wh...