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NCLT JUDGEMENT ON SECTION 72(A) OF THE INCOME-TAX ACT, 1961 AND SECTION 133, 230, 230(5), 231, 232, 232(3)(I) OF THE COMPANIES ACT, 2013

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          NAME MOBILE NO. E-MAIL I’D RANJEET   KUMAR 8383098478 ,  9667769795 rk@courtkutchehry.com JAI THAKUR 8130703334 ,  9355723300 jai.thakur@courtkutchehry.com RAJEEV   RANJAN 9334553249 rajiv.ranjan@courtkutchehry.com ASHOK   MISHRA 9718327746 sales@courtkutchehry.com RAVI   KUMAR ravi.singh@courtkutchehry.com Midas Commodities Pvt. Ltd. And Ors Vs. Shridhar Financial Services Ltd, (2020) 06 NCLT CK 0028 NCLT allowed the petition filed by the petitioner under Sections 230 & 232 of the Companies Act, 2013 read with Rules framed there under, as in force from time to time, for the Sanction of the proposed Scheme of Amalgamation. While allowing the petition NCLT held that we have gone through the report of the Ld. Regional Director (Northern Region), Ministry of Corporate Affairs, New Delhi, the Official Liquidator, New Delhi and the Income Tax Department, New Delhi and after perusing the same, we are of the view that the ...
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NCLT JUDGEMENT SECTION 230, 231, 232, 232(6) OF THE COMPANIES ACT, 2013

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          NAME MOBILE NO. E-MAIL I’D RANJEET   KUMAR 8383098478 ,  9667769795 rk@courtkutchehry.com JAI THAKUR 8130703334 ,  9355723300 jai.thakur@courtkutchehry.com RAJEEV   RANJAN 9334553249 rajiv.ranjan@courtkutchehry.com ASHOK   MISHRA 9718327746 sales@courtkutchehry.com RAVI   KUMAR ravi.singh@courtkutchehry.com Mahindra Trucks And Buses Limited And Ors Vs. Mahindra Two Wheelers Limited, (2020) 06 NCLT CK 0006 NCLT allowed the petition filed by the petitioner under sections 230 to 232 and other applicable provisions of the Companies Act, 2013 for the sanction of Scheme of Merger. While allowing the petition NCLT held that from the material on record, the Scheme appears to be fair and reasonable and is not in violation of any provisions of law and is not contrary to public policy.
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NCLT JUDGEMENT ON SECTION 7, 8, 8(1), 8(2), 9 OF THE INSOLVENCY AND BANKRUPTCY CODE, 2016, RULE 5, 5(2), 6 OF THE INSOLVENCY AND BANKRUPTCY (APPLICATION TO ADJUDICATING AUTHORITY) RULES, 2016

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          NAME MOBILE NO. E-MAIL I’D RANJEET   KUMAR 8383098478 ,  9667769795 rk@courtkutchehry.com JAI THAKUR 8130703334 ,  9355723300 jai.thakur@courtkutchehry.com RAJEEV   RANJAN 9334553249 rajiv.ranjan@courtkutchehry.com ASHOK   MISHRA 9718327746 sales@courtkutchehry.com RAVI   KUMAR ravi.singh@courtkutchehry.com Jyoti Strips Private Limited Vs. JSC Ispat Private Limited, (2020) 06 NCLT CK 0046 NCLT dismissed the petition filed by the petitioner, under Section 9 of the Insolvency and Bankruptcy Code, 2016 (for brevity 'code') read with Rules 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority), 2016 (for brevity 'the Rules') with a prayer to initiate the Corporate Insolvency process against the Corporate Debtor. While dismissing the petition NCLT held that when we shall consider the case of the applicant, then We are of the considered view that under Rule 5 of the Insolvency & Bankruptcy (Application ...
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NCLT JUDGEMENT ON SECTION 5(7), 5(8), 7, 7(1), 7(2), 7(3), 7(5), 7(5)(A), 7(7), 8, 8(1), 8(2), 9, 14, 15, 17, 18, 20, 21, 31(1), 33 OF THE INSOLVENCY AND BANKRUPTCY CODE, 2016, RULE 4, 4(3), 6 OF THE INSOLVENCY AND BANKRUPTCY (APPLICATION TO ADJUDICATING AUTHORITY) RULES, 2016, SECTION 13(2), 17 OF THE SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002 AND SECTION 433(E) OF THE COMPANIES ACT, 1956

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           NAME MOBILE NO. E-MAIL I’D RANJEET   KUMAR 8383098478 ,  9667769795 rk@courtkutchehry.com JAI THAKUR 8130703334 ,  9355723300 jai.thakur@courtkutchehry.com RAJEEV   RANJAN 9334553249 rajiv.ranjan@courtkutchehry.com ASHOK   MISHRA 9718327746 sales@courtkutchehry.com RAVI   KUMAR ravi.singh@courtkutchehry.com Jammu And Kashmir Bank Ltd Vs. Vinayak Rathi Steels Rolling Mills Pvt. Ltd, (2020) 06 NCLT CK 0029 NCLT dismissed the application filed by the applicant, under Section 7 of the Insolvency and Bankruptcy Code, 2016 (for brevity 'code') read with Rules 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority), 2016 (for brevity 'the Rules') to initiate Corporate Insolvency Resolution process in respect of CD. While dismissing the application NCLT held that as we have already mentioned this fact that the loan has not been repaid by the CD which is due and payable and Hon'ble Supreme Court In Innove...
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NCLT JUDGEMENT ON SECTION 3(11), 3(12), 5(21), 7, 8(1), 8(2), 9 OF THE INSOLVENCY AND BANKRUPTCY CODE, 2016

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          NAME MOBILE NO. E-MAIL I’D RANJEET   KUMAR 8383098478 ,  9667769795 rk@courtkutchehry.com JAI THAKUR 8130703334 ,  9355723300 jai.thakur@courtkutchehry.com RAJEEV   RANJAN 9334553249 rajiv.ranjan@courtkutchehry.com ASHOK   MISHRA 9718327746 sales@courtkutchehry.com RAVI   KUMAR ravi.singh@courtkutchehry.com Brand Realty Services Ltd Vs. John Bakeries India Pvt. Ltd,(2020) 07 NCLT CK 0086 NCLT dismissed the application filed by the applicant under Section 9 of the Insolvency & Bankruptcy Code, 2016, (hereinafter referred to as the "Code") read with Rule 6 of the IBC, 2016 initiate corporate insolvency resolution process in respect of Corporate Debtor. While dismissing the application NCLT held that in the light of that facts, when we shall consider the case in hand then we find that the settlement agreement on the basis of which the present application is filed by the applicant does not come under the definition of o...
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