Legal Updates

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BOMBAY HC: OFFENCES UNDER IBC ARE NOT TRIALABLE BEFORE ASJ

In a writ petition decided by a single bench headed by Justice Sandeep K. Shinde, the HC quashes the ‘issue process’ by ASJ against the petitioner. HC considered the issue of whether ASJ can ‘issue process’ on a complaint filed by IBBI. The single bench held that the process was

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NCLAT: RELATIONSHIP BETWEEN DHFL AND NHB IS NOT JUST A DEBTOR-CREDITOR RELATIONSHIP; NHB CAN NOT BE COMPARED TO OTHER FINANCIAL CREDITORS

Appeals challenging NCLT’s order were dismissed by NCLAT headed by Justice M.Venugopal, Mr V.P. Singh and Dr A.K.Mishra, which holds, inter alia, that any funds received by DHFL (Corporate debtor) for the purpose of repaying or realizing loans refinanced by National Housing Bank (the ‘Respondent’) and remaining outstanding will be

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NCLT: KOCHI NCLT REJECTED THE APPLICATION WHICH SOUGHT DISMISSAL OF RP’S REPORT DIRECTING CIRP PROCEEDINGS TO BE INITIATED AGAINST THE PERSONAL GUARANTORS

The division bench of the Kochi NCLT presided by Hon’ble Shyam Babu Gautam and Shri. Ashok Kumar Borah set aside the application seeking dismissal of the RP report and suggesting admission of the application against the personal guarantors(“Appellant’) under sec.95(1) of IBC filed against the appellant with the motive to

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ITAT: CONVERTIBLE WARRANT FORFEITURE CAUSES STCL

In an appeal decided by the division bench constituted of Sh. V.D. Rao and Sh. M.K. Aggarwal, ITAT held that the assessee/appellant’s right to acquire shares would expire upon forfeit of the converted warrant. Appellate Tribunal noted that a share in a firm denotes a share in the ownership of

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SAT: SAT QUASHES INR 6.5 LAC PENALTY FOR NON-ADHERENCE TO MPS

In an appeal decided by Justice T. Agarwala and Justice M T Joshi, SAT quashes INR 6.5 Lakh penalty on the appellant for non-compliance with minimum public shareholding (‘MPS’) requirement and violation of SEBI circulars by using the non-prescribed method to meet MPS norms. However, the Appellate Tribunal upholds INR

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NCLAT: NCLAT APPROVES THE ERICSSON MERGER, AND DISCARDS MEETINGS OF SHAREHOLDERS & CREDITORS FOR THE MERGER OF THE WHOLLY OWNED SUBSIDIARY AND PARENT CO.

In an appeal decided by Justice A.B. Singh and Ms Shreesha Merla, NCLAT set aside NCLT’s order rejecting Ericsson India Pvt. Ltd. and Ericsson India Global Services Pvt. Ltd.(“Appellants”)’s plea to do away with Shareholders’ and creditors’ meetings despite the merger of Appellants, i.e., parent company and its 100% owned

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