Page 13 - Nclat

NCLAT stays insolvency of Coffee Day Global till next hearing on Sep 20

In a relief to Coffee Day Global Ltd (CDGL), which owns and operates popular Cafe Coffee Day chain, the National Company Law Appellate Tribunal (NCLAT) on Friday stayed an order of NCLT that directed initiation of insolvency proceedings against the company. Passing an interim order, a two-member tribunal of the Chennai bench of the appellate tribunal, issued notices to the Interim Resolution professional and its financial creditor IndusInd Bank and stayed the operations of the order passed by the Bengaluru Bench of the National Company Law Tribunal (NCLT). The NCLAT said it has "found that there are arguable points involved in this appeal, therefore, we issue a formal notice to the Respondents who are already on caveat, enabling it to file its reply." It has directed IRP and IndusInd Bank to file a reply within two weeks up to August 25, 2023, and a rejoinder, if any, be filed by CDGL within two weeks and directed to list the matter for hearing on September 20, 2023. "In the ...

NCLAT set aside CUTS' petition seeking CCI probe in PVR INOX merger

The National Company Law Appellate Tribunal (NCLAT) on Thursday dismissed a plea seeking an investigation by the fair trade regulator CCI over the merger of two leading multiplex operators PVR and INOX. NCLAT rejected the petition by Consumer Unity & Trust Society (CUTS) observing that the fair trade regulator has rightly observed that even if the merger is concluded, their dominance in the film exhibition industry per se is not anti-competitive. CUTS had challenged an order by the Competition Commission of India which rejected its plea on September 13, 2022, for seeking an investigation into the merger. However, during the pendency of the appeal the Mumbai bench of the National Company Law Tribunal (NCLT), approved the merger on February 16, 2023, sanctioned the scheme of merger by absorption of the Inox with PVR. In its petition CUTS said transaction is exempted from the notification requirement under Section 5 of the Competition Act as it qualifies for the de minimus ...

May withdraw NCLAT appeal if Jalan-Kalrock deposits Rs 350 cr: Jet lenders

The appeal filed by the State Bank of India, the chief creditor to Jet Airways, is related to the transfer of the ownership of Jet Airways to the Jalan-Kalrock consortium

NCLAT defers hearing on IDBI Bank's plea against Zee to August 17

The National Company Law Appellate Tribunal (NCLAT) on Wednesday deferred the hearing of IDBI bank's plea against Zee Entertainment till August 17. The private lender has challenged an NCLT order, which had on May 19 rejected its plea to initiate insolvency proceedings against the media major. On Wednesday, when the matter came for hearing, lawyers sought adjournment. On this, NCLT bench comprising Chairperson Justice Ashok Bhushan and Member Barun Mitra deferred the matter to August 17. The Mumbai bench of the National Company Law Tribunal (NCLT) had on May 19, 2023, set aside the bank's plea, seeking insolvency against media major Zee Entertainment, observing that it was barred under Section 10A of the Insolvency & Bankruptcy Code (IBC). In its order, the NCLT bench had said that Zee Entertainment Enterprises Ltd (ZEEL), which was the corporate guarantor for the loan availed by Siti Networks -- the principal Borrower of IDBI Bank -- has committed a default. However, the default

IDBI Bank moves NCLAT against Zee Entertainment to challenge NCLT order

IDBI bank has moved the National Company Law Appellate Tribunal (NCLAT) against Zee Entertainment to challenge an NCLT order, which rejected the private lender's plea to initiate insolvency proceedings against the media major. IDBI's petition has been listed for hearing on Wednesday before a bench comprising Chairperson Justice Ashok Bhushan and Member Barun Mitra. The Mumbai bench of the National Company Law Tribunal (NCLT) had on May 19, 2023, set aside the bank's plea, seeking insolvency against media major Zee Entertainment, observing that it was barred under Section 10A of the Insolvency & Bankruptcy Code (IBC). Earlier in the day, ZEEL in a regulatory filing also informed: "An appeal has been filed by IDBI Bank Limited before the NCLAT, Delhi, challenging the order passed by the NCLT dated May 19, 2023". In its order, the NCLT bench had said that ZEEL, which was the corporate guarantor for the loan availed by Siti Networks -- the principal Borrower of IDBI Bank -- has ...

NCLAT dismisses all challenges to AGI Greenpac's acquisition of HNG

In March 2023, the Competition Commission of India had granted approval to AGI Greenpac's takeover of HNG

NCLAT to decide over NCLT order on insolvency against Coffee Day Global

An appeal has been filed before the National Company Law Appellate Tribunal (NCLAT) challenging the NCLT order to initiate insolvency proceedings against Coffee Day Global Ltd (CDGL), which owns and operates the popular chain Cafe Coffee Day. Malavika Hegde, the suspended Director of CDGL, has approached the Chennai bench of NCLAT against the National Company Law Tribunal (NCLT) order to initiate Corporate Insolvency Resolution Process (CIRP) against Coffee Day Global. The application, seeking a stay on the NCLT order, was listed for hearing before a NCLAT bench comprising Justice Rakesh Kumar Jain and Shreesha Merla on Friday. Earlier on July 20, the Bengaluru bench of the NCLT passed an order over a plea filed by IndusInd Bank, a financial creditor of the company, claiming dues of Rs 94 crore. The NCLT had also appointed Shailendra Ajmera as the interim resolution professional after suspending the board. The order has been challenged by Malavika Hegde, a director on the suspende

NCLAT stays insolvency proceedings against Container Corporation of India

The National Company Law Appellate Tribunal (NCLAT) has stayed the insolvency proceedings initiated against Container Corporation of India. On July 12, the New Delhi-based Principal bench of the National Company Law Tribunal (NCLT) had admitted the petition filed by Roadwings International, an operational creditor of the public sector enterprise, and ordered to initiate Corporate Insolvency Resolution Proceedings (CIRP). The order was challenged by the Container Corporation of India Ltd (CONCOR) before the appellate tribunal, which passed an order on July 14 to stay the NCLT's decision. The appellate tribunal also issued notices to the operational creditor Roadwings International and the interim resolution professional (IRP), which was accepted by their counsel present in the hearing. NCLAT granted one week time to file a reply to the operational creditor and rejoinder by CONCOR, if any, to be filed within two weeks thereafter and directed to list this appeal on September 4, 2023 f

NCLAT dismisses All India Chess Federation's appeal against CCI order

The National Company Law Appellate Tribunal (NCLAT) has dismissed the appeal of the All India Chess Federation against an order passed by the fair trade regulator CCI on grounds of non-prosecution by the sports body. Appellate tribunal NCLAT, in its order, said the All India Chess Federation (AICF) has taken several adjournments despite being indicated on May 19, 2022, that no further adjournment shall be granted. The order said that on several occasions hearing has been adjourned on the prayer made by the federation on August 5, 2022, September 23, 2022, and December 12, 2022. "Today again a prayer for adjournment has been sought. It appears that the appellant is not interested to pursue the appeal. The appeal stands dismissed due to non-prosecution," said NCLAT in its order dated July 11, 2023. The Competition Commission of India (CCI) had in July 2018 penalised AICF and directed it to "cease and desist" from anti-competitive practices. The ruling had come on a complaint filed b

NCLAT reserves order asking RIL to get nod for transferring RPPMSL's assets

The National Company Law Appellate Tribunal (NCLAT) on Friday set aside the order of NCLT, which had directed RIL to get stakeholders' consent for the transfer of the Digital EPC Company on a going concern basis from RPPMSL into the company. The NCLAT said the transfer of Digital EPC Undertaking from the wholly-owned subsidiary RPPMSL (of RIL) into the parent/transferee company RIL by way of the demerger is akin to the merger of the wholly-owned subsidiary with the parent company RIL. "We set aside the Impugned Order dated 11.5.2023 and direct that the convening and holding of meetings of Equity Shareholders, Secured and Unsecured Creditors of the Appellant Company RIL is dispensed with and further consent affidavits of 90% of the total value of shareholders and secured creditors and all unsecured creditors will not be necessary at this stage," said NCLAT. It further said: "The appeal is allowed and disposed of accordingly". The Mumbai bench of the National Company Law Tribunal (NC

Jalan-Kalrock's plan for Jet Airways unworkable, lenders tell Supreme Court

The lenders have filed a challenge to the NCLAT order of May 26 which granted the Jalan-Kalrock consortium three-and-a-half months more to make payments

NCLAT sets aside NCLT order rejecting insolvency plea against Uniworth

The National Company Law Appellate Tribunal on Monday set aside the order of the Kolkata bench of NCLT, which had rejected the plea of Asset Reconstruction Company to initiate insolvency proceedings against Uniworth Textiles Ltd (UTL), and remanded the matter back to hear it again. A two-member NCLAT bench comprising justices Rakesh Kumar Jain and Naresh Salecha said the NCLT had erred in rejecting the application filed under Section 7 of the Insolvency & Bankruptcy Code by Asset Reconstruction Company on the ground of limitation. "The appeal therefore succeeds and the impugned order dated March 17, 2020 is set aside. The case is remanded back to the Adjudicating Authority (NCLT) for decision on the merit of the application in accordance with the law," said NCLAT in its 36-page order. It had directed both parties to appear before the NCLT on July 28, 2023. Meanwhile, NCLAT also clarified it is not expressing any opinion regarding the merits of the case and the same needs to be ...

Zee Entertainment-Sony merger: NCLT sets hearing for June 10

The merger was previously approved by all regulatory bodies and was expected to be completed by September

IndusInd Bank says all dues cleared by ZEEL, NCLAT disposes of appeal

The tribunal has asked both parties to pay the cost of the interim resolution professional for the period the case was under the resolution process

As Google moves SC against CCI order, here's how the events unfolded

Competition Commission of India imposed a monetary fine of Rs 1337.76 crore on the tech giant as well as a list of directives it must follow

Parts of NCLAT's Rs 1,338 cr fine order on Google challenged by CCI in SC

NCLAT has upheld the Rs 1,338 crore fine on Google for allegedly abusing its position in the android ecosystem

Future Enterprises invites expression of interest for assets across India

The last date of receipt of interest is set at June 25 and the provisional list will be out on July 5. The last date of submissions for objections of the provisional list is July 10

Govt seeks applications for 15 judicial, technical jobs at NCLT, NCLAT

The government has sought applications for a total of 15 positions of judicial and technical members at the National Company Law Tribunal (NCLT) as well as the appellate tribunal NCLAT. As many as 15 posts, including that of 5 judicial members and 5 technical members, are to be filled up at the NCLT. Besides, applications have been invited for 3 judicial members and 2 technical members at the National Company Law Appellate Tribunal (NCLAT). The last date for submission of the applications online for NCLAT is July 5 and for NCLT is July 19, according to two separate notices issued by the corporate affairs ministry on Tuesday. Among other requirements for the positions at NCLT and NCLAT, the applicants should be at least 50 years old. A person should have been a judge of a high court or a judicial member of the NCLT for five years or has a minimum 10 years of experience to be considered for the post of judicial members at the NCLAT. Those with "proven ability, integrity and standing

NCLT to hear Go First lessors' plea, directs IRP to file reply in one week

Insolvency tribunal NCLT on Monday directed the interim resolution professional of crisis-hit Go First to file a reply within one week over petitions filed by three lessors seeking possession of their aircraft and engines from the Wadia group firm. The three lessors, which approached the National Company Law Tribunal (NCLT), are BOC Aviation (Ireland), Jackson Square Aviation Ireland and Engine Lease Finance BV. A two-member NCLT bench has directed the IRP (interim resolution professional) to file a reply within 2 weeks and a rejoinder, if any, by the lessors. It had directed to list the matter on June 15 for the next date of hearing. Jackson Square Aviation Ireland has leased around 8 aircraft while Engine Lease Finance BV leased four engines to Go First. The lessors had moved to the NCLT after the appellate tribunal NCLAT had last month directed them to approach the insolvency tribunal over issues regarding the moratorium on their planes. Earlier, the NCLT on May 10, 2023, admi

Application to terminate leases of Go First's lessors not rejected: DGCA

The lessors of Go First had moved the high court against the DGCA, seeking to deregister their aircraft leased to Go First. This was shortly after the NCLAT upheld the NCLT order on May 22