ICSI IIP > Knowledge Center

	Learning Curve	Title
	Learning Curve 1 to 17	Learning Curves for the Month of February, 2019
	Learning Curve 18 to 36	Learning Curves for the Month of March, 2019
	Learning Curve 37 to 56	Learning Curves for the Month of April, 2019
	Learning Curve 57 to 79	Learning Curves for the Month of May, 2019
	Learning Curve 80 to 98	Learning Curves for the Month of June, 2019
	Learning Curve 99 to 121	Learning Curves for the Month of July, 2019
	Learning Curve 122 to 141	Learning Curves for the Month of August, 2019
	Learning Curve 142 to 161	Learning Curves for the Month of September, 2019
	Learning Curve 162 to 180	Learning Curves for the Month of October, 2019
	Learning Curve 181 to 200	Learning Curves for the Month of November, 2019
	Learning Curve 281 to 298	Learning Curves for the Month of April, 2020
	Learning Curve 299 to 318	Learning Curves for the Month of May, 2020
	Learning Curve 319 to 340	Learning Curves for the Month of June, 2020
	Learning Curve 466	In the face of CoC resolution passed with more than the requisite majority, it cannot lie in the mouth of IRP that any of his legal rights have been infringed
	Learning Curve 467	It will only be for the CoC whether or not to consider and accept the revised Resolution Plan.
	Learning Curve 468	Settlement reached prior to the date of passing of the order of admission would not render the order of admission flawed on that ground alone
	Learning Curve 469	If the Corporate Debtor is not served, it has to be ensured that the Corporate Debtor is served with the Notice of initiating CIRP application
	Learning Curve 470	In a case where it is the Corporate Debtor who refused to accept delivery of notice, the Adjudicating Authority would not be justified in coming to conclusion that notice has not been served on the Corporate Debtor: NCLAT
	Learning Curve 471	IRP has no vested legal interest and he has no right to continue once the decision is taken by the Committee of Creditors to replace him
	Learning Curve 472	In the event of a demand notice being issued by an Advocate duly instructed by Operational Creditor, there is no need of requirement of authority being backed by the Board Resolution
	Learning Curve 473	Adjudicating Authority cannot indulge in quantitative analysis of Resolution Plan which is not permissible under Section 31 of the IBC
	Learning Curve 474	CoC is empowered to decide to liquidate the Corporate Debtor any time before the confirmation of the Resolution Plan
	Learning Curve 475	A change in address of the registered office of the Corporate Debtor cannot be a ruse for failure of the concerned party to send/issue a Demand Notice as per Section 8 of the Code
	Learning Curve 476	The grounds under Section 30(2) or 61(3) of the IBC are regarding testing the validity of the approved resolution plan by COC and not for approving the resolution plan which has been disapproved by the COC
	Learning Curve 477	Corporate Debtor cannot take the benefit of being an MSME if it did not fall into the category of MSME on the date of being admitted into insolvency
	Learning Curve 478	The Corporate Debtor should display the information in regard to the allottees with full particulars on its website
	Learning Curve 479	Supreme Court upheld the validity of Insolvency and Bankruptcy Code (Amendment) Act, 2020 (Amendment Act)which introduced threshold limit for homebuyers’ application
	Learning Curve 480	Inter-Corporate Loan which is taken for a certain period and to be paid back with interest, will fall under the definition of ‘Financial Debt’ under Section5(8) of the Code
	Learning Curve 481	Deciding the applicability of notification dated 24th March, 2020is the domain of NCLT and cannot be determined by the Registrar of NCLT
	Learning Curve 482	Rule 7 does not empower the Adjudicating Authority to examine the financial statements annexed with the application. The moment, Adjudicating Authority is satisfied that there is a debt and a default has occurred, the application must be admitted unless it is incomplete
	Learning Curve 483	Supreme Court upholds order directing Operational Creditor to pay CIRP costs, fees after dismissal of insolvency plea
	Learning Curve 484	Dismissal of application as being non-maintainable for technical defect is not warranted without providing opportunity to rectify the mistakes
	Learning Curve 485	Appeal cannot be filed on any issue for which efficacious remedy provided under any statute, has already been availed by the Appellant
	Learning Curve 486	Deposits accepted by the company under the Companies Act shall be considered as Financial Debt under the IBC: NCLAT
	Learning Curve 487	The financial creditor who in praesenti is not a related party, would not be debarred from being a member of the CoC under the proviso to section 21(2) of the Code. However, those related party financial creditors that cease to be related parties in order to circumvent the exclusion under the first proviso to Section 21(2)
	Learning Curve 488	The service of Notice on Director for initiation of CIRP must be held to be good service
	Learning Curve 489	Amount received as an advance payment for the supply of goods during the CIRP to keep the CD as a going concern would have to be treated as CIRP costs
	Learning Curve 490	A creditor will not become ‘Financial Creditor ' under IBC if a corporate debtor has only given security by pledging shares, without undertaking to discharge borrower’s liability: Supreme Court
	Learning Curve 491	A solitary act of complacency would not warrant the conclusion that there was delaying tactics on the part of the Resolution Professional
	Learning Curve 492	The Liquidator of a Company in liquidation under the Code is not required to file Income Tax Return, then there is no question of claiming refund of TDS deducted under Section 194 IA of the IT Act
	Learning Curve 493	Interpretation of Section 10A cannot be merely based on the language of the provision; rather it must take into account the object of the Ordinance and the extraordinary circumstances in which it was promulgated
	Learning Curve 494	Adjudicating Authority is required to dispose of the applications under Sections 7, 9 &10 by admitting or rejecting the same within 14 days of filing- NCLAT held
	Learning Curve 495	The amendment in procedural law always has retrospective effect, unless there is specific provision barring its retrospective operation
	Learning Curve 496	Fresh application to initiate CIRP is not maintainable, if similar application was filed by the same Operational Creditor for the same cause of action which was permitted to be withdrawn without liberty to file fresh application- NCLAT
	Learning Curve 497	There is no express provision in NCLAT Rules, 2016 for Review and Power of Review has to be granted by statute and the power of Review is not an inherent power and therefore cannot be exercised unless conferred specifically or by necessary implications
	Learning Curve 498	Settlement Terms not incorporated in the order of the Adjudicating Authority cannot be said to assume the character of the decree of the Court and any breach thereof would entitle the Corporate Debtor to seek restoration or revival of CIRP
	Learning Curve 499	The provision of the Code cannot be invoked for recovery of outstanding amount as well as it cannot be misused to drop the curtain on a healthy organization
	Learning Curve 500	The application filed by the erstwhile Directors to grant further time during the last minute of completion of CIRP is not acceptable, NCLT held
	Learning Curve 501	In an application under Section 7, the Financial Creditor and the Corporate Debtor alone are the necessary party, NCLAT held
	Learning Curve 502	The Adjudicating Authority is required to issue a limited notice to the Corporate Debtor as it is concerned only with the nature of debt viz. that there is a financial debt and default thereof, NCLAT held
	Learning Curve 503	The period for which the orders are reserved by the Adjudicating Authority is justifiably required to be excluded while counting and computing the period of CIRP, NCLAT held
	Learning Curve 504	Adjudicating Authority would not be justified in drawing a conclusion in respect of there being dispute as regards debt and default merely on the strength of an Arbitration Agreement, NCLAT held
	Learning Curve 505	Adjudicating Authority should not have rejected the Application and if it was of the opinion that there is a defect, the Appellant should have been allowed to cure the same
	Learning Curve 506	Bank guarantee can be invoked even during moratorium period issued under section 14 of the IBC
	Learning Curve 507	Moratorium under Section 14 IBC covers section 138 Negotiable Instrument Act proceedings against Corporate Debtor
	Learning Curve 508	COC is empowered to take a decision in regard to liquidation of the Corporate Debtor even after an application has been filed by the Resolution Professional placing the Resolution Plan approved by the COC before the Adjudicating Authority for approval
	Learning Curve 509	Business decision taken in exercise of commercial wisdom of Committee of creditors would not warrant judicial intervention
	Learning Curve 510	The period spent in proceedings under SICA will not be excluded for the purpose of computation of limitation under IBC
	Learning Curve 511	In computing the period of limitation for any suit, appeal, application or proceeding, the period from 15.03.2020 till 14.03.2021 shall stand excluded
	Learning Curve 512	The NCLT/NCLAT can exercise jurisdiction under section 60(5)(c) of the IBC to stay termination of contracts solely on account of CIRP being initiated against the CD
	Learning Curve 513	CIRP cannot be kept in abeyance if IRP does not accept the assignment
	Learning Curve 514	If CIRP has been initiated against the principal borrower, appellant can file claim in CIRP initiated against the Corporate Guarantor
	Learning Curve 515	Tribunals can’t interfere with CoC’s commercial decisions: SC
	Learning Curve 516	"The purpose of the ineligibility under Section 29A is sustainable revival and to ensure that a person who is the cause of the problem cannot be a part of the process of the solution."
	Learning Curve 517	Only an “aggrieved party” can file an appeal against Approved Resolution Plan.
	Learning Curve 518	"The date of right to sue can be extended only when the debt is acknowledged by the Corporate Debtor within limitation of three years."
	Learning Curve 519	"After the Resolution Plan's approval and implementation, no direction can be issued to the erstwhile Resolution Professional on account of any belated and settled claim."

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