M/S Unigreen Global Private Ltd vs. Punjab National Bank & Ors. (2017)
In a case where winding up proceedings has been initiated again a Corporate Debtor by Hon’ble High Court or Tribunal or liquidation order has been passed in respect of Corporate Debtor, no application under section 10 of I&B Code can be filed by Operational Creditor.
M/S Rubicon Real Enterprises Pvt LTD & Ors vs. Premium Acres Infratech Pvt LTD (2017)
The question of mismanagement of the company can be questioned by the minority shareholders provided the petition is filed by persons holding at least 10% equity.
Rahul Gupta vs. Mahesh Madhavan (2018)
Corporate Insolvency Resolutions Process under section 9 of I&B Code cannot be initiated against sub-tenant even if part payment of rent was paid directly to the Operational Creditor.
Bank of Baroda vs. Barnala Steel Industries Pvt LTD (2018)
If there is any miscalculation in determining the amount of default, it doesn’t materially affect the admission of CIRP application.
Regards
PK Mittal
