Tribunals/Commissions/Regulatory Bodies Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

Whether an application filed under Section 7 IBC by Financial Creditor is barred by Section 10A IBC? NCLAT Answers

NCLAT held that benefit under S. 10-A of IBC can only be claimed when default occurs during prohibited period – ‘05-03-2020 to 25-03-2021’.

district consumer disputes redressal commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

DCDRC holds Cochin Airport liable for service deficiency for not providing adequate rain cover on boarding ladder; directs compensation of INR 16,000 to passenger

The Commission held that CIAL’s inadequate rain coverage while boarding flight caused a great deal of agony to the complainant as he got drenched in the rain and suffered fever for 3 days.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Threshold limit includes both principal amount and interest under IBC; NCLAT set aside NCLT’s order

NCLAT held that the Adjudicating Authority committed error in rejecting the S. 7 application for not fulfilling ‘threshold’ when Deed of Guarantee mentions about the interest on default.

Case Briefs Tribunals/Commissions/Regulatory Bodies

DCDRC directs Apple India to either replace law student’s defective laptop or pay monetary compensation worth Rupees 2.3 lakhs

The Commission found Apple India to be liable for selling defective goods under the provisions of Consumer Protection Act, 2019

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT forms Joint Committee to probe allegations of environmental norms violations in constructions at CM Kejriwal’s residence

It was alleged that during the construction activities at 6 Flag Staff Road, Delhi, 20 trees were cut illegally as permissions for tree cutting were sought manipulatively.

central electricity regulatory commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

CERC issues ‘Category IV’ licence to THDC India Ltd for inter-State trading in electricity in whole of India

In accordance with Regulation 3(3) of the Trading Licence Regulations, for a person applying for Category `IV`, a trading licence should have a net worth of Rs. 10 crore and should have maintained minimum current ratio and liquidity ratio of 1:1, as on date of audited balance sheet accompanying the application.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT admits Go Air insolvency plea

A creditor has limited grounds to object to S. 10 of IBC application.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT imposes 50 crores costs on Uttar Pradesh Aawas and Vikas Parishad and 3 other Housing Realtors for environment degradation

The Tribunal noted that while developing housing projects in Ghaziabad, the Project Proponents violated environmental norms for plantations and sewage treatment plan.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Income Tax Appellate Tribunal directs Assessing Officer to charge assessee at gross profit rate of 6.5% on bogus purchases

ITAT said that the entire addition has been made by the AO as well as CIT based on guess work and estimation based on some alleged information received from Sales Tax Department of Maharashtra and from DGIT that “the assessee has taken bogus purchase bills without having taken any delivery of the goods”, without applying their mind.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT imposes exemplary cost of ₹ 5 Lakhs on Trimex Industries (P) Ltd for filing frivolous litigation

NCLT imposed cost to restain Trimex Industries (P) Ltd. from filing frivolous applications which consume Tribunal’s valuable resources and time.

Case Briefs Tribunals/Commissions/Regulatory Bodies

[Ludhiana Gas Leak]: NGT orders 20 lakhs compensation to heirs of 11 deceased; constitutes fact-finding Committee

The Tribunal constituted an eight-member fact-finding Joint Committee about the incident headed by Chairman of the State Pollution Control Board, Punjab.

district consumer disputes redressal commission [dcdrc], kamrup

Case Briefs Tribunals/Commissions/Regulatory Bodies

DCDRC directs 67K compensation for a movie goer who suffered a rodent bite while watching movie with her family in Galleria Cinema Hall

The Commission found that the management of Galleria Cinemas was negligent for not ensuring proper hygienic conditions for their viewers.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Intent of Corporate Debtor irrelevant in establishing existence of preferential transaction: NCLAT

There is no need to prove any fraudulent intent for a preferential transaction as per S. 43 of the IBC.

Case Briefs Tribunals/Commissions/Regulatory Bodies

What is the rule for settlement after constitution of ‘Committee of Creditors’? NCLAT Answers

“Any settlement after passing of the impugned order and after constitution of the CoC is only permissible when the same is approved with 90% vote share of CoC.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT denies Taxi Union’s plea to increase number of vehicles permitted to Rohtang Pass

The opening of the Atal Tunnel or availability of parking space is not sufficient ground to increase the number of vehicles allowed to Rohtang Pass.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Railway horns are required to be blown as per ‘whistle code’; NGT dismisses plea to prohibit usage of train horns

The National Green Tribunal said that an environment free from noise pollution is necessary, but operation of railways is an essential activity, and must be conducted.

district consumer disputes redressal commission (dcdrc), ernakulam

Case Briefs Tribunals/Commissions/Regulatory Bodies

DCDRC directs restaurant to pay Rs 40,000 as compensation for ordeal sustained by the complainant due to its failure to deliver ‘Sadya’ on Thiruonam day

The Commission observed that Malayalis have sentimental attachment towards ‘Thiruonam Sadya’; therefore, waiting for a long time and eventually not getting the ‘Sadya’ can be quite frustrating.

Case Briefs Tribunals/Commissions/Regulatory Bodies

No embargo on Operational Creditor to file application u/S 9 IBC, even if agreement has an arbitration clause: NCLAT

The scope and objective of the Code is ‘Resolution’, and not a ‘Recovery Mode / Forum’.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Mitigating factors should be considered while imposing penalty for anti-competitive behavior: NCLAT imposes 1% penalty of the turnover on Geep Industries

“…penalty @1% of the turnover for each year of continuance of the cartel would be appropriate penalty in keeping with the extent and seriousness proportionality of the anti-competitive behavior of Geep Industries.”.

Case Briefs Tribunals/Commissions/Regulatory Bodies

State cannot escape liability for violation of environmental norms; NGT grants Compensation of Rs. 20 lakhs to successor of deceased

National Green Tribunal said that the State has to take precautions to prevent such incidents in future, apart from paying compensation with liberty to recover the same from the entity.