NCLAT: Section 98 Requires Proof of Impracticability
The NCLAT has set aside an NCLT order, clarifying that Section 98 necessitates proof of impracticability in convening an EGM.
Latest court orders, judgments, and legal developments from Indian courts — AI-curated and summarized.
The NCLAT has set aside an NCLT order, clarifying that Section 98 necessitates proof of impracticability in convening an EGM.

The NCLAT affirmed the right of the Resolution Professional to obtain revenue records, rejecting claims of disputed ownership as a reason to withhold the information.

The NCLT has rejected a resolution plan due to lack of statutory valuation for a ₹1,000 share conversion, resulting in ordered liquidation for non-compliance with the Companies Act.

A chartered accountant has been booked for allegedly issuing fraudulent Form 15CB certificates, leading to foreign remittances amounting to ₹464.8 crore through two suspected shell firms. This action has raised significant concerns over regulatory compliance in financial transactions.

In a significant ruling, the NCLAT has upheld the resolution professional's right to obtain mall revenue records, deeming them vital for scrutinizing disputed transactions during the CIRP.

Due to the repeated failure to supply a mandatory Performance Bank Guarantee, the NCLT has ordered the liquidation of a corporate entity, deeming the resolution plan non-responsive.

The NCLT has rejected a resolution plan that proposed ₹7 Crores against a liquidation value of ₹9.42 Crores, finding it inadequate in protecting the statutory rights of dissenting creditors.

The NCLT has rejected a resolution plan involving ₹1,000 share conversion due to non-compliance with statutory valuation requirements under the Companies Act, leading to an order for liquidation.
SEBI has announced the alignment of its cyber incident reporting portal with the Financial Stability Board's FIRE format, mandating structured reporting for regulated entities. This is a significant regulatory shift towards enhancing cybersecurity measures.
SEBI has signed a tripartite MoU with RRU and NISM aimed at enhancing capacity building in the securities market. This collaboration focuses on training, research, and technology implementation.
The NCLAT has set aside an NCLT order and allowed a Section 241 petition for oppression, ruling that a group of four members satisfied the minimum threshold of one-tenth under Section 244 of the Companies Act. This decision clarifies the membership requirements for filing such petitions.
The Supreme Court has reiterated that arbitration orders made under Section 16 cannot be re-examined in writ jurisdiction. The court has held that the issue of stamping related to the arbitration will remain open for consideration at the Section 34 stage.