Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
IBC - Highlights / Catch Notes

Home Highlights May 2024 Year 2024 This

CIRP - Aggrieved person or not / Locus Standi of minor ...


Minor Creditor Lacks Standing in Auction Outcome, NCLAT Dismisses Appeals for Insufficient Legal Injury in CIRP Case.

May 9, 2024

Case Laws     Insolvency and Bankruptcy     AT

CIRP - Aggrieved person or not / Locus Standi of minor operational creditor - The Appellate tribunal (NCLAT) found that the appellant, as a minor operational creditor, did not suffer any legal injury or infringement of rights from the auction outcome, given that their stake did not confer significant influence over the liquidation process. The tribunal ruled that the appellant did not qualify as an 'aggrieved person' and thus dismissed the appeals on the grounds of lack of standing.

View Source

 


 

You may also like:

  1. NCLAT ruled on NCLT's authority to modify resolution plans under IBC. Court held NCLT's powers do not extend to examining CoC's commercial wisdom or conducting...

  2. The NCLAT dismissed the appeal filed by the Appellant challenging the approval of the resolution plan for the Corporate Debtor. The key points are: The Interim...

  3. The NCLAT dismissed the appeal filed by the appellant against the NCLT order rejecting the application for recall of the liquidation order dated 13.12.2023 and...

  4. Corporate insolvency process - Power of Board to decide amount is to be paid to the ‘Financial Creditor’ or ‘Operational Creditor’ including the liquidation value - SC...

  5. The NCLAT upheld the Adjudicating Authority's interpretation of Clause 21 of the resolution plan, confirming that dissenting financial creditors must receive their...

  6. NCLAT dismissed the appeal challenging the auction notice and denied stay of the impugned order. The Tribunal found no procedural flaws in the liquidation process,...

  7. The NCLAT dismissed the appeal challenging the quashing of the e-auction conducted on 31.01.2024 for the sale of the Corporate Debtor as a going concern and the...

  8. The NCLAT dismissed the appeal, holding that the Resolution Professional had jurisdiction to file an application for withdrawal of CIRP u/s 12A of the IBC. The NCLAT...

  9. HC held that secured creditor's rights take precedence over government tax dues, affirming a fundamental banking law principle. The court validated the auction sale of...

  10. Seeking impleadment of Successful Auction Purchaser/Appellant as one of the Respondents - The NCLAT found that non-impleadment of the successful auction purchaser was...

  11. NCLAT dismissed an appeal u/s approval of Resolution Plan by dissenting Financial Creditors objecting to Homebuyers receiving flats without price escalation. Held that...

  12. NCLAT dismissed appeal challenging initiation of Personal Insolvency Resolution Process under Section 95 of IBC. Court affirmed creditor's right to file application...

  13. CIT(Appeals) dismissed assessee's appeal for non-prosecution despite assessee being afforded multiple opportunities to participate. However, CIT(Appeals) failed to...

  14. Corporate Debtors failed to deliver housing units to allottees within stipulated time despite receiving payments. NCLAT rejected Corporate Debtors' contentions regarding...

  15. The NCLAT dismissed the appeal, declining to condone the delay of 156 days in re-filing. The appellant's explanation was found insufficient to condone such a prolonged...

 

Quick Updates:Latest Updates