Page 2 - Nclat

NCLAT keeps order reserved in WhatsApp, Meta challenge to CCI penalty

The appellate tribunal has reserved its order on WhatsApp and Meta's plea against the Rs 213.14 crore fine imposed by CCI for alleged abuse of dominance over its 2021 privacy policy

Let consumer decide on data sharing with intermediaries: CCI to NCLAT

CCI argued before NCLAT that users must retain the right to share or withdraw data on platforms like WhatsApp as it defended its penalty on Meta for alleged abuse of dominance

No player close to WhatsApp in terms of revenue, assets: CCI to NCLAT

CCI argued before NCLAT that WhatsApp's dominance stems from its vast user base and unmatched revenues, defending its Rs 213.14 crore fine on Meta over the 2021 privacy policy

Retired judges reluctant to join tribunals due to poor facilities, says SC

The Supreme Court said retired judges hesitate to accept tribunal posts due to inadequate housing, transport and dignity, and asked the Centre to upgrade infrastructure

We are being punished for providing superior services, Meta tells NCLAT

Meta told NCLAT it was being punished by CCI for offering superior services and highlighted lapses in the watchdog's findings on WhatsApp's 2021 privacy policy case

NCLAT upholds order recalling insolvency case against Logix Infra

Appellate tribunal NCLAT has upheld the decision of the National Company Law Tribunal (NCLT) to recall a previous ruling for an insolvency case against real estate firm Logix Infrastructure after finding the debt claim as "fraudulent" and "malicious". A two-member NCLAT bench said the plea for CIRP (Corporate Insolvency Resolution Process) against Logix Infrastructure, which was developing the Blossom County project in Noida Sector 137, are based on collusion and are malicious with sufficient material. "In the facts and circumstances of the case, we do not find any infirmity in the orders of the adjudicating authority (NCLT) allowing the Section 65 application filed by the Respondents. For the reasons noted herein, we find that reversing of Section 7 proceedings doesn't amount to a review in the guise of a fresh determination," the bench said. Section 65 of the Insolvency & Bankruptcy Code (IBC) allows the NCLT to set aside the insolvency proceedings filed with a malicious intent .

CCI overstepped jurisdiction by ruling on privacy issues: WhatsApp to NCLAT

The appellate tribunal in March this year had deferred the hearing in the case, citing the upcoming Digital Personal Data Protection (DPDP) Rules

Meta tells NCLAT WhatsApp user data is its private property in CCI case

Meta argued before NCLAT that WhatsApp user data is its private property, challenging a CCI order that imposed a Rs 213.14 crore fine over WhatsApp's 2021 privacy policy

Gensol's CoC, IRP deliberately delaying insolvency process: Lessor to NCLAT

SMAS Auto Leasing told NCLAT that Gensol's IRP and CoC had deliberately delayed the insolvency process in a dispute over e-vehicles, as the tribunal fixed hearing for September 2

SC orders probe after NCLAT judicial member claims 'approached for favour'

The Supreme Court has ordered an inquiry into the claims of a judicial member of the National Company Law Appellate Tribunal (NCLAT) of being "approached by one of the most revered members of the higher judiciary". Sources privy to the development said the inquiry will be conducted by the apex court's secretary general with the top court deciding the future course of action on the basis of the outcome. Justice Sharad Kumar Sharma, the judicial member of the Chennai-based NCLAT, alleged being approached by a member of higher judiciary for a favourable order in a case which was pending before him. He recused himself from hearing the matter and even recorded the incident in a two-paragraph order passed on August 13. "We are anguished to observe, that one of us, Member (Judicial), has been approached by one of the most revered members of the higher judiciary of this country for seeking an order in favour of a particular party. Hence, I recuse to hear the matter (sic)," the NCLAT order

NCLAT judge alleges pressure from senior judge, recuses himself from case

In a rare incident, a judicial member of the National Company Law Appellate Tribunal (NCLAT) has alleged being "approached by one of the most revered members of the higher judiciary", seeking an order in favour of a party, and has recused himself from hearing the matter. The Chennai-based bench of the appellate tribunal has even recorded the incidence in a two-paragraph order passed on August 13. Justice Sharad Kumar Sharma, the judicial member of the NCLAT, has recused himself from hearing the matter. "We are anguished to observe, that one of us, Member (Judicial), has been approached by one of the most revered members of the higher judiciary of this country for seeking an order in favour of a particular party. Hence, I recuse to hear the matter," the NCLAT bench said in the order. It requested that the matter be placed "before the Hon'ble chairperson for nomination of an appropriate bench" for hearing. The two-member bench comprised Justice Sharma and Technical Member Jatindra

NCLAT rejects plea, clears Nuvoco Vistas ₹1,800 crore bid for Vadraj cement

Appellate tribunal NCLAT has dismissed the plea against the acquisition of Vadraj Cement by Nirma group cement business Nuvoco Vistas Corporation during an insolvency resolution process. The Delhi-based principal bench of NCLAT has upheld the previous order passed by the Mumbai bench of the National Company Law Tribunal (NCLT), which on April 1, 2025, approved Nuvoco Vistas's plan for Vadraj Cement that includes an upfront payment of Rs 1,800 crore. A two-member NCLAT bench comprising Chairperson Justice Ashok Bhushan and Member (Technical) Barun Mitra rejected an appeal filed by an employee and authorised representative of employees of Vadraj Cement against the approval of Nuvoco Vistas's bid over their payout regarding their gratuity dues. Gujarat-based Vadraj Cement, formerly owned by ABG Shipyard, which has a 3.5 MTPA (million tonnes per annum) clinker unit in Kutch and a 6 MMTPA grinding unit in Surat, along with a captive jetty in Kutch, has a total debt of over Rs 8,000 crore

NCLAT upholds insolvency proceedings against Supertech Realtors

NCLAT has upheld an NCLT order to begin insolvency proceedings against Supertech Realtors over a ₹168 crore default, rejecting a revised settlement proposal from its promoter

NCLAT allows Gensol lessor to retain vehicles taken before insolvency

Tribunal permits SMAS Auto Leasing to keep possession of 152 e-vehicles taken before Gensol Engineering's insolvency; hearing on remaining vehicles on August 28

PlayStore billing policy: Google appeals NCLAT order in Supreme Court

Google approached the Supreme Court on July 21

Reliance Infrastructure receives NCLAT breather from insolvency proceedings

NCLAT stays insolvency proceedings against Reliance Infrastructure after the company claims it has fully paid all dues, including interest. The matter is set for hearing on August 27

Parliamentary panel for dedicated NCLT, NCLAT courts for IBC cases

A parliamentary panel recommends dedicated NCLT and NCLAT courts to expedite IBC cases and urges the RBI Governor to support banking correspondents, who are facing increasing challenges in their roles

Insolvency law cannot override PMLA, ED attachment to stay, says NCLAT

Insolvency & Bankruptcy Code cannot override the Prevention of Money Laundering Act (PMLA), said appellate tribunal NCLAT, adding assets of an debt-ridden firm once attached by the Directorate of Enforcement (ED) and confirmed by competent authority cannot be released for its resolution. Under section 14 of IBC, a moratorium is applied on those assets for the purpose of resolution. However, if the property is alleged to be "proceeds of crime" and is already under adjudication by competent authority under a penal statute, such property cannot be deemed to be part of the freely available resolution estate, the National Company Law Appellate Tribunal (NCLAT) said. The appellate tribunal held that if there is any attachment by ED under the PMLA, which is "validly made and confirmed, it cannot be undone under IBC (Insolvency and Bankruptcy Code). Citing section 238 of IBC, which has an overriding effect over other laws, a three-member NCLAT bench said it "cannot override the PMLA in ...

JSW Energy joins race for Raigarh Champa Rail Infra after NCLAT nod

Appellate tribunal NCLAT has quashed an NCLT order that denied permission to the lenders of debt-ridden Raigarh Champa Rail Infrastructure to start a fresh bidding process. The development has come as a relief to JSW Energy which had sought permission to participate in the insolvency resolution process of Raigarh Champa Rail Infrastructure Pvt Ltd (RCRIPL), an ancillary company of KSK Mahanadi. JSW Energy has already acquired KSK Mahanadi Power, a 3,600 MW thermal power plant in Chhattisgarh, for Rs 16,084 crore through the insolvency process, earlier in March this year. The Chennai-bench of the NCLAT said it sees no demerits in the decision of the lenders' body CoC to invite fresh Expression of Interest (EoI) by re-issuing fresh Form G, inviting new prospective buyers as it "will certainly increase competition and in all likelihood, result in higher bids." ".... since, the EoI is proposed to be reopened for everybody and not for JSW alone, it is fair and transparent and not ...

NCLAT rejects Byju's plea on Aakash shareholding status quo directive

The appellate tribunal said the NCLT order was a consensual interlocutory directive that did not determine rights, and thus no interference was warranted at this stage