LIST OF NCLAT CASES – SECTION WISE ALONG WITH SUMMARY

Section 2

DATE CASE NAME TRIBUNAL FROM WHICH APPEAL IS SOUGHT

BRIEF DESCRIPTION RELEVANT SECTIONS

02.06.2017 Agroh Infrastructure Developers Pvt Ltd VsNarmada Construction (Indore) P Ltd

Ahmedabad Bench

Pertains to the issuance of notice under Section 8 of the IBC and the relevant rules and violation of natural justice

Section 2 Section 8, Section 9, Section 13 (1) (a), Section 14 of the IBC AND Rule 6 of Insolvency & Bankruptcy (Application toAdjudicating Authority) Rules, 2016.

1.05.2017 ASTRA Offshore SDN BHD v. Swiber Offshore (India) Pvt Ltd

Mumbai Bench An interim resolution professional is appointed by the Mumbai Bench but the appellant prefers an appeal. Subsequently, the appellant seeks to withdraw the appeal and appear before the Interim resolution Professional. The same is allowed by the NCLAT as the respondent did not appear. The case is disposed off. The details of the case can be found by referring to the NCLT Mumbai Bench on the website.

Section 2(27), Section 9

Section 3

19.05.2017 Smart Timing Steel Ltd.Vs. National Steel and AgroIndustries Ltd.

Mumbai bench Deals with whether filing of a copyof certificate from the "Financial Institution" maintaining accounts of theOperational

Section 3, section 7, Section 8, Section 9, Section 61,

Creditor confirming that there is no payment of unpaidoperational debt by the 'Corporate Debtor' is mandatory or directory. Held that it is mandatory

24.05.2017 Kirusa Software Private Ltd. VMobilox Innovations Private Ltd.

Mumbai Bench Clarifies the meaning of the words ‘dispute’ and ‘existence of disputes’ and states that it has a wider ambit than merely a suit or arbitration using various rules of interpretation.

Section 3, Section 5, Section 8, Section 9,

21.02.2017 Sree Metaliks Ltd v. M/s Srei Equipment Finance Ltd

Kolkata Bench Change of Interim Resolution Professional

Section 3(27), Section 16

Section 5

03.05.2017 Era Infra Engineering Ltd v Prideco Commercial Projects Pvt Ltd.

New Delhi Bench

The appellant pleaded that notice was not duly served upon him and that the application was not filed in the manner prescribed. The Court held that Section 8 is a mandatory provision r/w Rule 5 of the IBC Rules. (Application to Adjudicating Authority).

Section 8, Section 9 [Subsection 1 and 5 specifically]

15.05.2017 M/s Innoventive Industries Ltd v. ICICI Bank & Anr.

Mumbai Bench Pertains to issuance of notice, violation of principles of natural justice. It also deals with the question of the prevalence of a legislation under List II of Schedule 7 over the IBC. Ascertainment of default and binding value of Master

Section 5, Section 7, Section 60, Section 238, Section 255 and Rule 4(3) of Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016

Restructuring Agreement are other areas it discusses. The case thoroughly discusses the need to comply with principles of natural justice, the importance of a notice,

24.05.2017 Kirusa Software Private Ltd. VMobilox Innovations Private Ltd.

Mumbai Bench Clarifies the meaning of the words ‘dispute’ and ‘existence of disputes’ and states that it has a wider ambit than merely a suit or arbitration using various rules of interpretation.

Section 3, Section 5, Section 8, Section 9,

31.05.2017 M/s MCL Global Steel Pvt. Ltd. & Anr. AppellantsVs. M/s Essar Projects IndiaLtd. & Anr.

Mumbai bench Pertains to non issuance of notice, violation of principles of natural justice, meaning of dispute.

Section 5, Section 7, Section8, Section 9, Section 14, Section 16 Rule 6 of the Adjudicating Authority rules,

31.05.2017 M/s. Meyer Apparel Ltd. & Anr v. M/s. Surbhi Body Products Pvt. Ltd.; M/s. Meyer Apparel Ltd. & Anr. v. M/s. Godolo & Godolo Exports Pvt. Ltd.

Chandigarh bench

Pertains to the meaning of ‘dispute’ and ‘existence of disputes’.

Section 5, Section 7, Section 8, Section 9, Section 14

31.05.2017 Philips India Limitedv. Goodwill Hospital & Research Centre Ltd. ; Philips India Limited v. Karma Healthcare Private Limited

New Delhi Bench

Pertains to the meaning of ‘dispute’ and ‘existence of disputes’.

Section 5, Section 8, Section 9,

Section 6

10.04.2017 Hind Motors India Ltd. v. Adjudicating Authority NCLT, Chandigarh

Chandigarh bench

The main contention of the appellant is that ‘public depositors’ come within the meaning of ‘financial creditors’. The court left the question open for

Section 6, Section 7, Section 10 , Section 15 , Section 16

interpretation.

Section 7

10.04.2017 Hind Motors India Ltd. v. Adjudicating Authority NCLT, Chandigarh

Chandigarh bench

The main contention of the appellant is that ‘public depositors’ come within the meaning of ‘financial creditors’. The court left the question open for interpretation.

Section 6, Section 7, Section 10 , Section 15 , Section 16

15.05.2017 M/s Innoventive Industries Ltd v. ICICI Bank & Anr.

Mumbai Bench Pertains to issuance of notice, violation of principles of natural justice. It also deals with the question of the prevalence of a legislation under List II of Schedule 7 over the IBC. Ascertainment of default and binding value of Master Restructuring Agreement are other areas it discusses. The case thoroughly discusses the need to comply with principles of natural justice, the importance of a notice,

Section 5, Section 7, Section 60, Section 238, Section 255 and Rule 4(3) of Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016

1.05.2017 JK Jute Mills Company Ltd v. M/s Surendra Trade Company

Allahabad Bench

Pertains to whether the time limit prescribed in the IBC for admitting or rejecting a petition or initiation of insolvency resolution process mandatory. It is stated that time is the essence of the Code.

Section 7 , Section 9 ,Section 10 , Section 12 ,Section 16, Section 33, Section 64 and Rule 6(2) of the Adjudicating authority rules

26.05.2017 Kaliber Associates Pvt Ltd.

New delhi Bench

Deals with violation of natural

Section 7, Section 14, Section 15.

V.Mrs Tripat Kaur

justice and non- issuance of notice. Anything done in violation of principles of natural justice is rendered illegal.

31.05.2017 M/s MCL Global Steel Pvt. Ltd. & Anr. AppellantsVs. M/s Essar Projects IndiaLtd. & Anr.

Mumbai bench Pertains to non issuance of notice, violation of principles of natural justice, meaning of dispute.

Section 5, Section 7, Section8, Section 9, Section 14, Section 16 Rule 6 of the Adjudicating Authority rules,

31.05.2017 M/s. Meyer Apparel Ltd. & Anr v. M/s. Surbhi Body Products Pvt. Ltd.; M/s. Meyer Apparel Ltd. & Anr. v. M/s. Godolo & Godolo Exports Pvt. Ltd.

Chandigarh bench

Pertains to the meaning of ‘dispute’ and ‘existence of disputes’.

Section 5, Section 7, Section 8, Section 9, Section 14

19.05.2017 Smart Timing Steel Ltd.Vs. National Steel and AgroIndustries Ltd.

Mumbai bench Deals with whether filing of a copyof certificate from the "Financial Institution" maintaining accounts of theOperational Creditor confirming that there is no payment of unpaidoperational debt by the 'Corporate Debtor' is mandatory or directory. Held that it is mandatory

Section 3, section 7, Section 8, Section 9, Section 61,

24.05.2017 M/s. Starlog Enterprises Limited v.ICICI Bank Limited

Mumbai bench Pertains to non issuance of notice and violation of principles of natural justice. It deals with whether an IRP tointerfere with the affairs of the subsidiaries of the corporatedebtor. It is held that an IRP cannot interfere in such

Section 7, Section 18, Section 61, Section 75

cases. Also discusses material misrepresentation of facts.

Section 8

02.06.2017 Agroh Infrastructure Developers Pvt Ltd VsNarmada Construction (Indore) P Ltd

Ahmedabad Bench

Pertains to the issuance of notice under Section 8 of the IBC and the relevant rules and violation of natural justice

Section 2 Section 8, Section 9, Section 13 (1) (a), Section 14 of the IBC AND Rule 6 of Insolvency & Bankruptcy (Application toAdjudicating Authority) Rules, 2016.

03.05.2017 Era Infra Engineering Ltd v Prideco Commercial Projects Pvt Ltd.

New Delhi Bench

The appellant pleaded that notice was not duly served upon him and that the application was not filed in the manner prescribed. The Court held that Section 8 is a mandatory provision r/w Rule 5 of the IBC Rules. (Application to Adjudicating Authority).

Section 8, Section 9 [Subsection 1 and 5 specifically]

24.05.2017 Kirusa Software Private Ltd. VMobilox Innovations Private Ltd.

Mumbai Bench Clarifies the meaning of the words ‘dispute’ and ‘existence of disputes’ and states that it has a wider ambit than merely a suit or arbitration using various rules of interpretation.

Section 3, Section 5, Section 8, Section 9,

31.05.2017 M/s MCL Global Steel Pvt. Ltd. & Anr. AppellantsVs. M/s Essar Projects IndiaLtd. & Anr.

Mumbai bench Pertains to non issuance of notice, violation of principles of natural justice, meaning of dispute.

Section 5, Section 7, Section8, Section 9, Section 14, Section 16 Rule 6 of the Adjudicating Authority rules,

31.05.2017 M/s. Meyer Apparel Ltd. & Anr v. M/s. Surbhi Body Products

Chandigarh bench

Pertains to the meaning of ‘dispute’ and

Section 5, Section 7, Section 8, Section 9, Section

Pvt. Ltd.; M/s. Meyer Apparel Ltd. & Anr. v. M/s. Godolo & Godolo Exports Pvt. Ltd.

‘existence of disputes’.

14

31.05.2017 Philips India Limitedv. Goodwill Hospital & Research Centre Ltd. ; Philips India Limited v. Karma Healthcare Private Limited

New Delhi Bench

Pertains to the meaning of ‘dispute’ and ‘existence of disputes’.

Section 5, Section 8, Section 9,

25.05.2017 Seema Gupta VsSupreme Infrastructure India Ltd & Ors

Mumbai bench The Court held that Section 8 is a mandatory provision and relied upon the Era Infra Engineering case

Section 8, Section 9,

19.05.2017 Smart Timing Steel Ltd.Vs. National Steel and AgroIndustries Ltd.

Mumbai bench Deals with whether filing of a copyof certificate from the "Financial Institution" maintaining accounts of theOperational Creditor confirming that there is no payment of unpaidoperational debt by the 'Corporate Debtor' is mandatory or directory. Held that it is mandatory

Section 3, section 7, Section 8, Section 9, Section 61,

Section 9

02.06.2017 Agroh Infrastructure Developers Pvt Ltd VsNarmada Construction (Indore) P Ltd

Ahmedabad Bench

Pertains to the issuance of notice under Section 8 of the IBC and the relevant rules and violation of natural justice

Section 2 Section 8, Section 9, Section 13 (1) (a), Section 14 of the IBC AND Rule 6 of Insolvency & Bankruptcy (Application toAdjudicating Authority) Rules, 2016

1.05.2017 ASTRA Offshore SDN BHD v. Swiber Offshore (India) Pvt Ltd

Mumbai Bench An interim resolution professional is appointed by the

Section 2(27), Section 9

Mumbai Bench but the appellant prefers an appeal. Subsequently, the appellant seeks to withdraw the appeal and appear before the Interim resolution Professional. The same is allowed by the NCLAT as the respondent did not appear. The case is disposed off. The details of the case can be found by referring to the NCLT Mumbai Bench on the website.

09.05.2017M/s. Della Constructions Pvt Ltd. Vs M/s. Rei Agro Ltd. & Anr.

Kolkata Bench The proceedings initiated by the Appellants were stayed due to the order of moratorium. The court chose not to interfere as the appellant could approach Interim Resolution Professional.

Section 9, Section 14, Section 15

03.05.2017 Era Infra Engineering Ltd v Prideco Commercial Projects Pvt Ltd.

New Delhi Bench

The appellant pleaded that notice was not duly served upon him and that the application was not filed in the manner prescribed. The Court held that Section 8 is a mandatory provision r/w Rule 5 of the IBC Rules. (Application to Adjudicating Authority).

Section 8, Section 9 [Subsection 1 and 5 specifically]

15.05.2017 M/s. J.R. Agro Industries (P) Ltd. v. M/s. Swadisht Oils Pvt. Limited ;M/s. Abhi Agro (P) Ltd. v. M/s.

- Whether the 14 days time-period under Section 9 is mandatory or directory. Based on a previous ruling

Section 61, Section 9 .

Swadisht Oils Pvt. Limited ; M/s. Jai Lakshmi Solvents (P) Ltd. Vs M/s. Swadisht Oils Pvt. Limited ; M/s. Rungta Industries Private Ltd. ... Appellant Vs M/s. Swadisht Oils Pvt. Limited;

on the same issue i.e. the court upheld the same stating that it is a directory provision

1.05.2017 JK Jute Mills Company Ltd v. M/s Surendra Trade Company

Allahabad Bench

Pertains to whether the time limit prescribed in the IBC for admitting or rejecting a petition or initiation of insolvency resolution process mandatory. It is stated that time is the essence of the Code.

Section 7 , Section 9 ,Section 10 , Section 12 ,Section 16, Section 33, Section 64 and Rule 6(2) of the Adjudicating authority rules

24.05.2017 Kirusa Software Private Ltd. VMobilox Innovations Private Ltd.

Mumbai Bench Clarifies the meaning of the words ‘dispute’ and ‘existence of disputes’ and states that it has a wider ambit than merely a suit or arbitration using various rules of interpretation.

Section 3, Section 5, Section 8, Section 9,

9.5.2017M/s. Madhur Engineers Pvt Ltd & Anr. Vs

Mumbai Bench Appellant claims that a certain sum of money is payable to him/her but the appellant has already filed application before the Insolvency Resolution Professional and the Court chose not to interfere.

Section 9, Section 10, Section 14

31.05.2017 M/s MCL Global Steel Pvt. Ltd. & Anr. AppellantsVs. M/s Essar Projects

Mumbai bench Pertains to non issuance of notice, violation of principles of

Section 5, Section 7, Section8, Section 9, Section 14, Section 16 Rule 6

IndiaLtd. & Anr. natural justice, meaning of dispute.

of the Adjudicating Authority rules,

31.05.2017 M/s. Meyer Apparel Ltd. & Anr v. M/s. Surbhi Body Products Pvt. Ltd.; M/s. Meyer Apparel Ltd. & Anr. v. M/s. Godolo & Godolo Exports Pvt. Ltd.

Chandigarh bench

Pertains to the meaning of ‘dispute’ and ‘existence of disputes’.

Section 5, Section 7, Section 8, Section 9, Section 14

31.05.2017 Philips India Limitedv. Goodwill Hospital & Research Centre Ltd. ; Philips India Limited v. Karma Healthcare Private Limited

New Delhi Bench

Pertains to the meaning of ‘dispute’ and ‘existence of disputes’.

Section 5, Section 8, Section 9,

25.05.2017 Seema Gupta VsSupreme Infrastructure India Ltd & Ors

Mumbai bench The Court held that Section 8 is a mandatory provision and relied upon the Era Infra Engineering case

Section 8, Section 9,

19.05.2017 Smart Timing Steel Ltd.Vs. National Steel and AgroIndustries Ltd.

Mumbai bench Deals with whether filing of a copyof certificate from the "Financial Institution" maintaining accounts of theOperational Creditor confirming that there is no payment of unpaidoperational debt by the 'Corporate Debtor' is mandatory or directory. Held that it is mandatory

Section 3, section 7, Section 8, Section 9, Section 61,

30.05.2017 Vasan Healthcare Pvt. Ltd.VsM/s. Alcon Laboratories (India) Pvt. Ltd

Chennai Bench A winding up petition was pending before the Madras High Court. Withdrawal of appeal the appeal was sought by the appellant and the same was allowed.

Section 9, Section 61,

Section 10

10.04.2017 Hind Motors India Ltd. v. Adjudicating Authority NCLT, Chandigarh

Chandigarh bench

The main contention of the appellant is that ‘public depositors’ come within the meaning of ‘financial creditors’. The court left the question open for interpretation.

Section 6, Section 7, Section 10 , Section 15 , Section 16

1.05.2017 JK Jute Mills Company Ltd v. M/s Surendra Trade Company

Allahabad Bench

Pertains to whether the time limit prescribed in the IBC for admitting or rejecting a petition or initiation of insolvency resolution process mandatory. It is stated that time is the essence of the Code.

Section 7 , Section 9 ,Section 10 , Section 12 ,Section 16, Section 33, Section 64 and Rule 6(2) of the Adjudicating authority rules

9.5.2017M/s. Madhur Engineers Pvt Ltd & Anr. Vs

Mumbai Bench Appellant claims that a certain sum of money is payable to him/her but the appellant has already filed application before the Insolvency Resolution Professional and the Court chose not to interfere.

Section 9, Section 10 and Section 14

Section 12

1.05.2017 JK Jute Mills Company Ltd v. M/s Surendra Trade Company

Allahabad Bench

Pertains to whether the time limit prescribed in the IBC for admitting or rejecting a petition or initiation of insolvency resolution process mandatory. It is stated that time is the essence of the Code.

Section 7 , Section 9 ,Section 10 , Section 12 ,Section 16, Section 33, Section 64 and Rule 6(2) of the Adjudicating authority rules

Section 13

02.06.2017 Agroh Infrastructure Developers Pvt Ltd VsNarmada Construction (Indore) P Ltd

Ahmedabad Bench

Pertains to the issuance of notice under Section 8 of the IBC and the relevant rules and violation of natural justice

Section 2 Section 8, Section 9, Section 13 (1) (a), Section 14 of the IBC AND Rule 6 of Insolvency & Bankruptcy (Application toAdjudicating Authority) Rules, 2016

Section 14

02.06.2017 Agroh Infrastructure Developers Pvt Ltd VsNarmada Construction (Indore) P Ltd

Ahmedabad Bench

Pertains to the issuance of notice under Section 8 of the IBC and the relevant rules and violation of natural justice

Section 2 Section 8, Section 9, Section 13 (1) (a), Section 14 of the IBC AND Rule 6 of Insolvency & Bankruptcy (Application toAdjudicating Authority) Rules, 2016

09.05.2017M/s. Della Constructions Pvt Ltd. Vs M/s. Rei Agro Ltd. & Anr.

Kolkata Bench The proceedings initiated by the Appellants were stayed due to the order of moratorium. The court chose not to interfere as the appellant could approach Interim Resolution Professional.

Section 9, Section 14, Section 15

26.05.2017 Kaliber Associates Pvt Ltd. V.Mrs Tripat Kaur

New delhi Bench

Deals with violation of natural justice and non- issuance of notice. Anything done in violation of principles of natural justice is rendered illegal.

Section 7, Section 14, Section 15.

9.5.2017M/s. Madhur Engineers Pvt Ltd & Anr. Vs

Mumbai Bench Appellant claims that a certain sum of money is payable to him/her but the appellant has already filed

Section 9, Section 10, Section 14

application before the Insolvency Resolution Professional and the Court chose not to interfere.

31.05.2017 M/s MCL Global Steel Pvt. Ltd. & Anr. AppellantsVs. M/s Essar Projects IndiaLtd. & Anr.

Mumbai bench Pertains to non issuance of notice, violation of principles of natural justice, meaning of dispute.

Section 5, Section 7, Section8, Section 9, Section 14, Section 16 Rule 6 of the Adjudicating Authority rules,

31.05.2017 M/s. Meyer Apparel Ltd. & Anr v. M/s. Surbhi Body Products Pvt. Ltd.; M/s. Meyer Apparel Ltd. & Anr. v. M/s. Godolo & Godolo Exports Pvt. Ltd.

Chandigarh bench

Pertains to the meaning of ‘dispute’ and ‘existence of disputes’.

Section 5, Section 7, Section 8, Section 9, Section 14

Section 15

09.05.2017M/s. Della Constructions Pvt Ltd. Vs M/s. Rei Agro Ltd. & Anr.

Kolkata Bench The proceedings initiated by the Appellants were stayed due to the order of moratorium. The court chose not to interfere as the appellant could approach Interim Resolution Professional.

Section 9, Section 14, Section 15

10.04.2017 Hind Motors India Ltd. v. Adjudicating Authority NCLT, Chandigarh

Chandigarh bench

The main contention of the appellant is that ‘public depositors’ come within the meaning of ‘financial creditors’. The court left the question open for interpretation.

Section 6, Section 7, Section 10 , Section 15 , Section 16

26.05.2017 Kaliber Associates Pvt Ltd. V.Mrs Tripat Kaur

New delhi Bench

Deals with violation of natural justice and non- issuance of notice. Anything done in violation of principles of

Section 7, Section 14, Section 15.

natural justice is rendered illegal.

21.02.2017 Sree Metaliks Ltd v. M/s Srei Equipment Finance Ltd

Kolkata Bench Change of Interim Resolution Professional

Section 3(27), Section 16

Section 16

10.04.2017 Hind Motors India Ltd. v. Adjudicating Authority NCLT, Chandigarh

Chandigarh bench

The main contention of the appellant is that ‘public depositors’ come within the meaning of ‘financial creditors’. The court left the question open for interpretation.

Section 6, Section 7, Section 10 , Section 15 , Section 16

1.05.2017 JK Jute Mills Company Ltd v. M/s Surendra Trade Company

Allahabad Bench

Pertains to whether the time limit prescribed in the IBC for admitting or rejecting a petition or initiation of insolvency resolution process mandatory. It is stated that time is the essence of the Code.

Section 7 , Section 9 ,Section 10 , Section 12 ,Section 16, Section 33, Section 64 and Rule 6(2) of the Adjudicating authority rules

31.05.2017 M/s MCL Global Steel Pvt. Ltd. & Anr. AppellantsVs. M/s Essar Projects IndiaLtd. & Anr.

Mumbai bench Pertains to non issuance of notice, violation of principles of natural justice, meaning of dispute.

Section 5, Section 7, Section8, Section 9, Section 14, Section 16 Rule 6 of the Adjudicating Authority rules,

Section 18

24.05.2017 M/s. Starlog Enterprises Limited v.ICICI Bank Limited

Mumbai bench Pertains to non issuance of notice and violation of principles of natural justice. It deals with whether an IRP tointerfere with the affairs of the subsidiaries of the corporatedebtor. It is held that an IRP cannot

Section 7, Section 18, Section 61, Section 75

interfere in such cases. Also discusses material misrepresentation of facts.

Section 33

1.05.2017 JK Jute Mills Company Ltd v. M/s Surendra Trade Company

Allahabad Bench

Pertains to whether the time limit prescribed in the IBC for admitting or rejecting a petition or initiation of insolvency resolution process mandatory. It is stated that time is the essence of the Code.

Section 7 , Section 9 ,Section 10 , Section 12 ,Section 16, Section 33, Section 64 and Rule 6(2) of the Adjudicating authority rules

Section 60

15.05.2017 M/s Innoventive Industries Ltd v. ICICI Bank & Anr.

Mumbai Bench Pertains to issuance of notice, violation of principles of natural justice. It also deals with the question of the prevalence of a legislation under List II of Schedule 7 over the IBC. Ascertainment of default and binding value of Master Restructuring Agreement are other areas it discusses. The case thoroughly discusses the need to comply with principles of natural justice, the importance of a notice,

Section 5, Section 7, Section 60, Section 238, Section 255 and Rule 4(3) of Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016

Section 61

15.05.2017 M/s. J.R. Agro - Whether the 14 Section 61, Section

Industries (P) Ltd. v. M/s. Swadisht Oils Pvt. Limited ;M/s. Abhi Agro (P) Ltd. v. M/s. Swadisht Oils Pvt. Limited ; M/s. Jai Lakshmi Solvents (P) Ltd. Vs M/s. Swadisht Oils Pvt. Limited ; M/s. Rungta Industries Private Ltd. ... Appellant Vs M/s. Swadisht Oils Pvt. Limited;

days time-period under Section 9 is mandatory or directory. Based on a previous ruling on the same issue i.e. the court upheld the same stating that it is a directory provision

9 .

19.05.2017 Smart Timing Steel Ltd.Vs. National Steel and AgroIndustries Ltd.

Mumbai bench Deals with whether filing of a copyof certificate from the "Financial Institution" maintaining accounts of theOperational Creditor confirming that there is no payment of unpaidoperational debt by the 'Corporate Debtor' is mandatory or directory. Held that it is mandatory

Section 3, section 7, Section 8, Section 9, Section 61,

24.05.2017 M/s. Starlog Enterprises Limited v.ICICI Bank Limited

Mumbai bench Pertains to non issuance of notice and violation of principles of natural justice. It deals with whether an IRP tointerfere with the affairs of the subsidiaries of the corporatedebtor. It is held that an IRP cannot interfere in such cases. Also discusses material

Section 7, Section 18, Section 61, Section 75

misrepresentation of facts.

30.05.2017 Vasan Healthcare Pvt. Ltd.VsM/s. Alcon Laboratories (India) Pvt. Ltd

Chennai Bench A winding up petition was pending before the Madras High Court. Withdrawal of appeal the appeal was sought by the appellant and the same was allowed.

Section 9, Section 61,

Section 64

1.05.2017 JK Jute Mills Company Ltd v. M/s Surendra Trade Company

Allahabad Bench

Pertains to whether the time limit prescribed in the IBC for admitting or rejecting a petition or initiation of insolvency resolution process mandatory. It is stated that time is the essence of the Code.

Section 7 , Section 9 ,Section 10 , Section 12 ,Section 16, Section 33, Section 64 and Rule 6(2) of the Adjudicating authority rules

Section 75

24.05.2017 M/s. Starlog Enterprises Limited v.ICICI Bank Limited

Mumbai bench Pertains to non issuance of notice and violation of principles of natural justice. It deals with whether an IRP tointerfere with the affairs of the subsidiaries of the corporatedebtor. It is held that an IRP cannot interfere in such cases. Also discusses material misrepresentation of facts.

Section 7, Section 18, Section 61, Section 75

Section 238

15.05.2017 M/s Innoventive Industries Ltd v. ICICI

Mumbai Bench Pertains to issuance of notice, violation

Section 5, Section 7, Section 60,

Bank & Anr. of principles of natural justice. It also deals with the question of the prevalence of a legislation under List II of Schedule 7 over the IBC. Ascertainment of default and binding value of Master Restructuring Agreement are other areas it discusses. The case thoroughly discusses the need to comply with principles of natural justice, the importance of a notice,

Section 238, Section 255 and Rule 4(3) of Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016

Section 255

15.05.2017 M/s Innoventive Industries Ltd v. ICICI Bank & Anr.

Mumbai Bench Pertains to issuance of notice, violation of principles of natural justice. It also deals with the question of the prevalence of a legislation under List II of Schedule 7 over the IBC. Ascertainment of default and binding value of Master Restructuring Agreement are other areas it discusses. The case thoroughly discusses the need to comply with principles of natural justice, the importance of a notice,

Section 5, Section 7, Section 60, Section 238, Section 255 and Rule 4(3) of Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016