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NCLT JUDGEMENT ON SECTION 153(C) OF THE INCOME-TAX ACT, 1961 AND SECTION 133, 230, 231, 232, 232(3)(I), 232(3)(B)(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 Bhavyam Fabtrading Limited And Ors Vs. Thermocool Home Appliances Limited, (2020) 06 NCLT CK 0024 NCLT allowed the application filed by the applicant, under Sections 230 to 232 and other applicable provisions of the Companies Act, 2013 (hereinafter referred to as 'the Act') read with The Companies (Compromises, Arrangements and Amalgamations) Rules, 2016 (hereinafter referred to as 'the rules') approval of the Scheme of Amalgamation. While allowing the application NCLT held that in view of the foregoing, upon considering the approval accorded by the members and creditors of the Petitioner companies to the proposed Scheme, an...
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NCLT JUDGEMENT ON SECTION 13(2) OF THE SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002 AND SECTION 180(1)(A) 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 Baver Suspension Private Limited Vs. Ashok Kumar Verma, (2020) 06 NCLT CK 0022 NCLT dismissed the application filed by the applicant for seeking modification of Order dated 13.06.2019 wherein inter alia it has been directed that no money will be withdrawn from the Bank Account of Respondent No. 1 Company till further orders. While dismissing the application NCLT held that in view of the factual position noted above, there is no force in the arguments submitted by the Ld. Counsel for the applicants/respondents. The plea taken by the counsel for the applicants/respondents is not tenable as the company is not engaged in any of ...
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NCLT Judgement on Section 3(6), 3(11), 3(12), 4, 8, 9, 9(3) (b), 9(3)(c), 9(5), 14(1), 14(2), 14(3), 14(4) 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 Af Consult India Pvt. Ltd Vs. Sikkim Hydro Venture Limited, (2020) 07 NCLT CK 0031 NCLT allowed the application filed by the applicant, 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 allowing the application NCLT held that it is clearly established that the default in payment of the Operational debt has occurred by the corporate debtor further there also exist a pre-existing d...
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