Posts

Showing posts with the label CorporateLaw

Appellate Authority (NCLAT) set aside the order of NCLT dismissing application under Section 9 of the Insolvency and Bankruptcy Code, 2016 on the ground of claim barred by limitation and existence of dispute.

Image
M/s Gupshup Technology India Pvt. Ltd. (Operational Creditor) filed application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as ‘I&B Code’) against ‘M/s Interpid Online Retail Pvt. Ltd.’ (‘Corporate Debtor’) which having rejected by Adjudicating Authority (National Company Law Tribunal), Bengaluru Bench, Bengaluru by order dated 8th November, 2018, the present appeal has been preferred by the Appellant. The Adjudicating Authority held that the claim is barred by limitation and there is existence of dispute. Appellant states that the record of the services carried out as on 5th September, 2017 shows that the Respondent availed the services through the SMS Dashboard and had its own dedicated user name and password for logging. However, the Respondent in their email dated 5th September, 2017 sought details of email logs and other supporting documents in order to verify the invoices. 7. The Appellant issued a Demand Notice under Section 8(1) on 2...

Latest Judgement : Bombay High Court : Writ Petition under Article 226 seeking the order of NCLT be quashed and set aside. HELD, not maintainable, Dismissed.

Image
In the matter of Kotak Investment Advisors Limited and Anr. Vs. Mr. Krishna Chamadia, Resolution Professional of Ricoh India Limited and Ors. Writ Petition (L) No. 3621 of 2019   1. Petitioner filled Writ Petition under Article 226 of the Constitution of India seeking the relief to issue writ of Certiorari, calling for Company Petition dated 28th November, 2019 hereto be quashed and set aside. 2. It is the case of the petitioner that it participated in Corporate Insolvency Resolution Process of respondent No.1 and submitted its Resolution Plan / Bid. The respondent No.1 accepted the bid of respondent No. 2 after the last date of submission. That was done after the bid of the petitioner was already opened. There is an illegality alleged in the acceptance of the bid of the second respondent.  3. The petitioners state that their bid being the highest, it ought to have been accepted. However, the second highest bid was accepted by the Committee of Creditors. It is...

Latest Judgement: NCLAT : Order of AA initiating CIRP under Section 9 of I&B Code, 2016 set aside.

Image
The promoter of the Corporate Debtor have preferred this appeal to set a side the impugned order of AA  impugned order dated 20th September, 2019 under Section 9 of the I&B code preferred by M/s Aanav Construction Co. ‘M/s Aanav Construction Co’. moved an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (for short the ‘I&B Code’), pursuant to which the Adjudicating Authority (National Company Law Tribunal), New Delhi Bench by impugned order dated 20th September, 2019 initiated ‘Corporate Insolvency Resolution Process’ against ‘Shri Balaji Infradevelopers Private Limited’. However the Promoters/appellant  have settled the claim of all the 11 Claimants before the constitution of COC  and preferred this appeal . Therefore this appellate tribunal held that as the Promoters have settled the claim of all the 11 Claimants and the ‘Committee of Creditors’ has not been constituted, Appellate Tribunal in  exercise of powers conferred ...

Mandatory compliances of Private Limited Company

1. *Company Name Board-* Every Company shall paint or affix the name and address of registered office and keep the same painted/affixed, outside every office or place in which its business is carried on, in legible letters. 2. *Letter Head of Company-* Every Company shall get its name, address of registered office, CIN, telephone and email printed on all business letters, billheads, letter papers, notices and other official publications. 3. *First Board Meeting-* First Meeting of Board of Directors is required to be held within 30 days of Incorporation of Company. Notice of BM must be send to every director at least 7 days before the meeting. 4. *Subsequent Board Meetings-* Minimum 4 Board Meetings to be held every year with not more than 120 days gap between two meetings. In case of small company, it is sufficient to conduct only two Board Meetings. 5. *Issuing of Share Certificate -* Company is required to issue Share Certificates to the subscribers of memorandum within 60 da...

Facing Mental Harassment from Boss at Workplace

* Facing Mental Harassment from Boss at Workplace * *Mental Harassment at workplace* There are various categories that can be covered under the purview of harassment at workplace against the employees due to which the employees have to suffer humiliation & Mental Torture and are often exploited by their respective supervisors. These are the key area of focus in this article. So far there are only some State laws which deal with bullying, however, there have been a persistent call for framing national law on bullying. The most vulnerable to this plight are the subordinates in offices. This is a scenario in private as well as public sector. Most of the bullying is done by seniors, hierarchy plays a key role. To achieve targets supervisors have to force the employees to labor hard especially the young workers have to face most of the harassment due to higher expectations. Bullying and harassment at workplace lead to terrible effect on the health and well being and performance of ...