Guarantor Cannot Enjoy ‘Right Of Subrogation’ Even After CIRP Against Principal Debtor Gets Concluded: NCLT Hyderabad

The National Company Law Tribunal (“NCLT”), Hyderabad Bench, comprising of Dr. N. Venkata Ramakrishna Badarinath (Judicial Member) Shri Veera Brahma Rao Arekapudi (Technical Member), while adjudicating a petition filed in State Bank of India v Shri. Ghanshyam Surajbali Kurmi, has held that a guarantor cannot enjoy a right of subrogation even after the Corporate… Read […]
NCLT | Can a Financial Creditor initiate Insolvency Resolution Process against a Personal Guarantor?

National Company Law Tribunal, Hyderabad: The Bench of N. Venkata Ramakrishna Badarinath, Judicial Member, and Veera Brahma Rao Arekapud, Technical Member held that a guarantor cannot enjoy the right of subrogation enunciated in the Contract Act, 1872, when the payment made by the guarantor regards the debt for which the guarantee was provided. The company […]
Ind Barath Power Infra Ltd. Vs. India Infrastructure Finance Co. Ltd. – NCLT Hyderabad Bench

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NCLT extends CIRP periods by 7 months for compliance of IBBI amendments and filing fresh Resolution Plan

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First Committee On Wilful Defaulters Not Obligated To Mention Its Composition In Its Order: Telangana High Court

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NCLT Rules 43 Only Empowers AA To Seek Production Of A Document, Not Parties : NCLT Hyderabad

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NCLT Hyderabad Grants A Series Of Concessions/Waivers To The Successful Bidder

The National Company Law Tribunal (“NCLT”), Hyderabad Bench, comprising of Dr. Venkata Ramakrishna Badarinath Nandula (Judicial Member) and Shri Sri Satya Ranjan Prasad (Technical Member), while adjudicating a petition filed in State Bank of India v K.R.R Infraprojects Pvt. Ltd., has granted several waivers/concessions to the Successful Bidder including waiver from penalties imposed… Read the […]
Mr. Rajkumar Mahto (Liquidator) Vs. M/s. Sunil Hitech Engineers Ltd. & Others – NCLT Hyderabad Bench

Section 43(4) of IBC lays down that a preference shall be deemed to be given at a relevant time if a preference is given to a person other than a related party during the period of one year preceding the insolvency commencement date – Mr. Rajkumar Mahto (Liquidator) Vs. M/s. Sunil Hitech Engineers Ltd. & […]
Quoted in MoneyControl article: Lawyers call NCLAT decision upholding CCI penalty on Google a balanced judgment

Quote from the article Amir Bavani, founder of AB Legal in Hyderabad, said NCLAT has given a reasoned judgment. “It is a very reasoned judgment wherein the appellate tribunal categorically stated that for proving abuse of dominance under the Competition Act, 2022, effect analysis is required to be done and it is to be tested […]