Adjudication, Appeals, Offences and Penalties
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Before which authority must a financial creditor file an application to initiate CIRP against a company whose registered office is in Pune?
The National Company Law Tribunal having territorial jurisdiction over Pune, as Section 60 designates the NCLT with jurisdiction over the registered office of the corporate person as the Adjudicating Authority.
Which authority acts as the Adjudicating Authority for corporate insolvency resolution under Section 60 of the IBC?
The NCLT having territorial jurisdiction over the corporate debtor's registered office.
Which authority acts as the Adjudicating Authority for insolvency resolution and liquidation of corporate persons under the IBC?
The National Company Law Tribunal (NCLT) having territorial jurisdiction over the place where the registered office of the corporate person is located serves as the Adjudicating Authority.
Under Section 179(1) of the IBC, which authority handles insolvency matters of individuals and partnership firms?
The Debt Recovery Tribunal having territorial jurisdiction over the debtor.
Which authority is designated as the Adjudicating Authority for insolvency resolution of individuals and partnership firms under the IBC?
The Debt Recovery Tribunal (DRT) is the Adjudicating Authority for individuals and partnership firms, not the NCLT which handles corporate persons.
On what grounds can an aggrieved party appeal to the Supreme Court against an NCLAT order under Section 62 of the IBC?
Only on a question of law arising out of the NCLAT order.
Which forum hears appeals against orders passed by the NCLT under the Insolvency and Bankruptcy Code 2016?
The National Company Law Appellate Tribunal (NCLAT) is the appellate authority that hears appeals against orders passed by the NCLT under the IBC.
What is the time limit prescribed under Section 61 for filing an appeal before the NCLAT against an AA order?
30 days, extendable by a further 15 days for sufficient cause.
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