Territorial jurisdiction under Article 226 depends on whether the material, essential and integral cause of action arises within the forum, and the doctrine of forum conveniens may justify refusal even if some connection with Delhi exists. The Court held that the petitioners' residence, the searches and seizures, the ECIR, the investigating officers, and the PMLA proceedings wer...

Section 29A(f) of the Insolvency and Bankruptcy Code applies where there is an operative SEBI order prohibiting a person from accessing the securities market or trading in securities. Because the appellant fell within the class covered by the 26.06.2018 SEBI prohibition, and that order had neither been set aside nor successfully challenged, the Adjudicating Authority was not req...

A Section 9 insolvency application was rejected because the record disclosed a genuine pre-existing dispute between the parties. The corporate debtor had, before the demand notice, complained of defective consignments, including rusting and non-conformity with specifications, sought replacement, and rejected the goods; the operational creditor's own emails acknowledging quality ...

A Section 9 insolvency petition was held not maintainable because the debt attributable to the corporate debtor alone did not meet the statutory minimum threshold under Section 4. The tribunal found that most invoices related to a sole proprietorship concern, while only a small portion stood in the name of the company. It held that the company and the proprietorship were separat...

Condonation of an inordinate refiling delay was refused where the appellant failed to show sufficient cause for curing repeated defects in an appeal against approval of a resolution plan. The NCLAT held that liberal consideration of refiling delay depends on the facts of each case, but the appellant had acted without promptness after repeated defect notifications, and the appeal...