Tag Archives: Tribunal

ILN Today Post

“Existence Of A Dispute” Under The Insolvency And Bankruptcy Code Clarified By The NCLAT

The issue concerning conflicting interpretations of the phrase “existence of a dispute” under the Insolvency & Bankruptcy Code, 2016 (“Code”) by the Delhi and Mumbai benches of the National Company Law Tribunal (“Tribunal”) (see One Coat Plaster vs. Ambience Pvt. Ltd., Annapurna Infrastructure Pvt. Ltd. & Ors. vs. Soril Infra Resources Ltd. and Essar Projects India Ltd. vs. MCL Global Steel Pvt. Ltd.), seems to have been put to rest by the National Company Law Appellate Tribunal (“Appellate Tribunal”) for the time being.

Read full article
ILN Today Post

Insolvency and Bankruptcy Code – Meaning of “Dispute In Existence”

The recently implemented Insolvency & Bankruptcy Code, 2016 (“Code”), which streamlines the insolvency and liquidation process in India, has lately become the subject of varying interpretations by the National Company Law Tribunal (“Tribunal”).

Conflicting interpretations as to what constitutes a “dispute in existence” have surfaced between the Delhi and the Mumbai benches of the Tribunal.

Read full article