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Leading Corporate and Commercial Law Cases in December 2023

SANJAY D. KAKADE V. HDFC VENTURES TRUSTEE COMPANY LTD. AND OTHERS Citation: Sanjay D. Kakade V. HDFC Ventures Trustee Company Ltd. and Others, Company Appeal (AT) (Insolvency) No. 481 of 2023, NCLAT Delhi, decided by Hon’ble Justice Ashok Bhushan and Barun Mitra, dated 24.11.2023. Ratio: Raising of amount by the Company through Share Subscription-cum-Shareholders Agreement […]

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Leading Corporate and Commercial Law Cases in November 2023

AKASH KUMAR VS UNION OF INDIA Citation: Akash Kumar Vs. Union of India, Writ No. 13293 of 2020, High Court of Allahabad, decided by Hon’ble Justice Ashwani Kumar Mishra, dated 05.01.2021. Ratio: The present case arises from denial of recruitment of candidate for constable of UP Police. The denial arose as during character verification it

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Leading Corporate and Commercial Law Cases in December 2022

1. Anil Kumar Sharma v Ridhiraj Builders and Promoters LLP Citation: Anil Kumar Sharma Vs. Ridhiraj Builders and Promoters LLP (16.11.2022 – Jaipur Bench): 2021 SCC OnLine NCLT 8960 C.P. (IB) 102/2019; Decided by Hon’ble Justice Deep Chandra Joshi (Judicial) and Hon’ble Member Prasanta Kumar Mohanty (Technical). Ratio: The National Company Law Tribunal held that

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Leading Corporate and Commercial Law Cases in November 2022

1. Mr. Rajeev Vidyadharan and Ors v P.J. Mathews and OrsCitation: Rajeev Vidyadharan and Ors. vs. P.J. Mathews and Ors. (18.10.2022 – NCLAT): MANU/NL/0827/2022; Decided by Hon’ble Justice M. Venugopal, J. Member (Judicial) and Naresh Salecha, Member (Technical)Ratio: The National Company Law Appellate Tribunal (NCLAT) upheld the order of the National Company Law Tribunal (NCLT) to appoint an

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Leading Corporate and Commercial Law Cases in October 2022

1. Mrs. Renukadevi Rangaswamy v Regen Powertech Pvt Ltd Citation: Mrs. Renuka Devi Rangaswamy vs. Regen Powertech Pvt Ltd.: 2021 SCC OnLine NCLT 16430, IA(IBC)/591(CHE)/2021 in IBA/1424/2019, NCLT Chennai, Decided by Hon’ble Justice Ramathilagam(Judicial) and Anil Kumar B, Member(Technical) Ratio: In this case, the NCLAT has ruled that the transfer of assets among group companies is not considered fraudulent

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Leading Corporate and Commercial Law Cases in October 2023

Pradeep Madhukar More Suspended Director of Syntex Trading & Agency PVT LTD VS Central bank of India, Citation- Pradeep Madhukar More Suspended Director of Syntex Trading & Agency PVT LTD vs Central bank of India Company Appeal (AT) (Insolvency) No.837 of 2023 NCLAT- New Delhi, Decided by Ashok Bhushan, J. 09.06.2022. Ratio – An application

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Leading Corporate and Commercial Law Cases in September 2022

  1. Trident Fabricators Pvt. Ltd. v Hiranmayee Energy Ltd Citation: Trident Fabricators Pvt. Ltd. Vs. Hiranmayee Energy Ltd: 2021 SCC OnLine NCLT 14663, Company Appeal (AT) (Insolvency) No. 989 of 2022. Decided by Hon’ble Justice Ashok Bhushan Chairperson, Hon’ble Justice M. Satyanarayana Murthi (Judicial) and Barun Mitra (Technical) Ratio: In the above case the Operational Creditor (OC)

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Leading Corporate and Commercial Law Cases in August 2022

1. State Bank of India v Sudip Bijoy Dutta, Director of Ess Dee Aluminium LtdCitation: State Bank of India vs. Sudip Bijoy Dutta, Director of Ess Dee Aluminium Ltd. (16.06.2022 – NCLT – Kolkata): 2022 SCC OnLine NCLAT 2687. Decided by Rohit Kapoor (Judicial) and Harish Chander Suri, Member (Technical)Ratio: Section 60(1) of Insolvency and Bankruptcy Code, 2016

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Leading Corporate and Commercial Law Cases in July 2022

1. Harsh Vinimay Pvt. Ltd. v Gajanan Industries Ltd Citation: Harsh Vinimay Pvt. Ltd. v Gajanan Industries Ltd:  C.P. No. (IB) 2521/MB/2018, NCLT, Mumbai Bench, Decided by Hon’ble Justice H. V. Subba Rao (Judicial) and Smt. Anuradha Bhati (Technical).  Ratio: The Application was rejected and was held as non-maintainable due to the nationwide outbreak of coronavirus and lockdown.

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Karnataka Apartments Ownership Act and Unaddressed Legal Aspects.

1. Aradhya Wire and Ropes Pvt. Ltd. v South Indian Bank LimitedCitation: Aradhya Wire and Ropes Pvt. Ltd. vs. South Indian Bank Limited: 2022 SCC OnLine NCLT 218, I.A. No. 63 OF 2022 in CP (IB) No.366/BB/2019, NCLT, Bengaluru Bench. Decided by Rajeswara Rao Vittanala (Judicial) and Ashutosh Chandra (Technical)Ratio: The provisions of Section 12A

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