2020-TIOLCORP-NEWS-01 | Wednesday, January 01, 2020

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COMPANIES LAW
  2020-TIOLCORP-01-NCLAT

Tourism Finance Corporation of India Ltd Vs Rainbow Papers Ltd

Whether the NCLT & NCLAT has no jurisdiction u/s 61(3) to adjudicate on the question of fact regarding conversion of financial creditor from secured to unsecured - YES: NCLAT Whether the question of distribution of funds u/s 30(4) in the resolution plan is the decision of the Committee of Creditor which is outside the purview of the appellate jurisdiction of NCLT & NCLAT - YES: NCLAT Whether the State Tax Department has first claim over the property of the Corporate Debtor undergoing resolution process & by virtue of tax dues comes under the category of secured creditor under the provisions of the IBC - NO: NCLAT Whether the provision of part payment of provident fund cannot become part of the resolution plan as the resolution applicant is barred to include provident fund & gratuity fund as part of the assets of the Corporate Debtor - YES: NCLAT

- Appeals partly allowed: NCLAT

MISCELLANEOUS
  2020-TIOLCORP-01-HC-DEL-MISC

Maruti Suzuki India Ltd Vs Moto Drive Pvt Ltd

Whether even if the arbitration agreement is not signed, the court can appoint an arbitrator u/s 11(6) on the basis of correspondence exchange between the parties - YES: HC

- Petition allowed: DELHI HIGH COURT

HIGH LIGHTS (SISTER PORTAL)
  TIOL

National Infrastructure Pipeline Report submitted; Govt to consider recommendations: FM

Core Industries record zero growth between April-Nov 2019

Centre gets Rs 7.5 lakh Crore tax revenue by Nov-end

TOG

GST - Your Input Tax Credit Ledger - our control

Cash-strapped Railways raises fares marginally

 

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