201904.27
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DEMAND NOTICE ON THE CORPORATE DEBTOR IN ITS REGISTERED OFFICE OR CORPORATE OFFICE

SERVICE OF DEMAND NOTICE ON THE CORPORATE DEBTOR IN ITS REGISTERED OFFICE OR CORPORATE OFFICE IS A VALID SERVICE UNDER SECTION 8 OF THE CODE IN THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL Alloysmin Industries. vs. Raman Casting Pvt. Ltd. (Company Appeal (AT) (Insolvency) No. 684 of 2018)                                                                                                                                                                                               FACTS OF THE CASE This appeal has been…

201812.20
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Recourse To IBC Is Not Maintainable If Existence Of Debt Is Disputed – IBC Is Not A Recovery Forum

Recourse To IBC Is Not Maintainable If Existence Of Debt Is Disputed – IBC Is Not A Recovery Forum IN THE SUPREME COURT OF INDIA Transmission Corporation of Andhra Pradesh Ltd. v. Equipment Conductors and Cables Limited.Civil Appeal No. 9597 OF 2018Judgment on 23.10.2018 FACTS Transmission Corporation of Andhra Pradesh Ltd. (the “Appellant” herein) is…

201806.14
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HOME BUYERS IN THE CLUB OF FINANCIAL CREDITORS

HOME BUYERS IN THE CLUB OF FINANCIAL CREDITORS UNDER IBC (AMENDMENT) ORDINANCE 2018-Amendment w.e.f. 6th June, 2018 With the background of pathetic condition of home buyers due to malpractice of builders and recent developments, an ‘Explanation’ has been added to Section 5(8)(f) of IBC as under; “An amount raised from an allottee under a real estate project…

201710.12
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IBC AND GST – GAME CHANGERS IN LAW

IBC AND GST – GAME CHANGERS Insolvency and Bankruptcy Code (IBC) and Goods and Services Tax(GST) are set to create new notions in law. IBC has been infused in various laws including GST laws. AMLEGALS anticipate that interesting issues will crop due to overlapping of debts under IBC in context with various laws. Whereas, GST will…