Legal Updates

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DELHI NCLAT: NCLAT CLARIFIES PROVISIONS OF Sec. 97 OF IBC, 2016

The Resolution Professional filed an appeal against the three appellants in accordance with Sec. 95 of the IBC, 2016, on their behalf. The order in issue, which the Adjudicating Authority had issued in response to a request made via the Resolution Professional, instructed the Resolution Professional to use the authority

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MADRAS HC: EXPLAINS THE POWERS OF THE CCI IN RELATION TO SECTORAL REGULATORS AND APPROVES THE INVESTIGATION INTO ELECTRICITY DISCRIMINATION IN THE DISTRIBUTION

A writ petition was filed by Tamil Nadu Electricity Generation and Distribution Corporation Ltd. (TANGEDCO) with an issue against the notice sent to TANGEDCO by the Competition Commission of India(CCI), before Justice S.M. Subramaniam of the High Court of Madras. Southern India Engineering Manufacturers’ Association filed a complaint to CCI

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SUPREME COURT GRANTED AMTEK AUTO RESOLUTION-PLAN IMPLEMENTATION 4 WEEKS, MAINTAINED THAT “DEVIATION FROM TIMELINES DEFEATS PURPOSE”

The Hon’ble Supreme Court ordered all parties involved in the resolution of Amtek Auto Ltd. (the Corporate Debtor), as per the Approved Resolution Plan submitted by Deccan Value Investors LP and/or parties associated with the implementation of the said resolution plan, including the Implementation and Monitoring Committee, to complete its

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THE GOVERNMENT COMPANY CAN NOT BE IMMUNE FROM IBC PROCEEDINGS

In ATE Projects Pvt. Ltd. v/s Rajasthan Drugs and Pharmaceuticals Ltd., NCLT Jaipur referred to the Company’s definition as defined under Section 2(20) of the Companies Act, which reads that a “Company,” includes a “Government Company,” as defined under Section 2(45) of that same statute. Noting the factual matrix and

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MCA CALLED COMMENTS FROM THE PUBLIC BY DECEMBER 15 ON THE DRAFT CROSS-BORDER INSOLVENCY FRAMEWORK UNDER IBC

The MCA invited public comments on the CBIRC draft and suggested modifications by December 15, 2021. Following the recommendations made in the report submitted by the Cross-Border Insolvency Rules/ Regulations Committee (the “CBIRC”) on draft rules, regulations, notifications, guidelines, and capacity building for cross-border insolvency, the MCA proposed to enact

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