Welcome back to Caseon!
Log in today and discover expertly curated legal audios and how our AI-powered, tailor-made responses can empower you to navigate the complexities of your case.
Stay ahead of the curve—don’t miss out on the insights that could transform your legal practice!
As per case facts, the National Company Law Tribunal initiated corporate insolvency resolution process against two corporate debtors (Grand Venezia Ltd. and Bhasin Infotech and Infrastructure Private Limited) based on
...a petition filed by 141 allottees who were financial creditors and claimed non-delivery of units and assured returns. The NCLT admitted the petition, and the National Company Law Appellate Tribunal affirmed this decision, dismissing the appeals by the corporate debtors' erstwhile directors. The appellants moved the Supreme Court, challenging the NCLAT's order, arguing that the threshold requirement for allottees was not met, a single petition against two entities was not maintainable, and the construction was complete with possession delivered. One appellant also appealed against the rejection of an offer to settle claims. The question arose whether the threshold limit of 100 allottees was satisfied, if a joint petition against two intrinsically linked corporate debtors was maintainable, and if the construction was completed and possession delivered. Finally, the Supreme Court held that the threshold of allottees was met, the joint petition was maintainable due to the intrinsic linkage of the corporate debtors, and construction was incomplete, with no valid possession delivered. Consequently, all appeals, including the one challenging the rejection of the settlement offer, were dismissed.
Legal Notes
Add a Note....