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NCLAT Sets Aside NCLT Section 9 Admission, Confirms Pre-Existing Dispute Prevents Enforcement
NCLAT held that a bona fide pre-existing dispute bars Section 9 admission and the Adjudicating Authority’s role is limited to assessing plausibility.
18 minutes ago4 min read
Unexecuted Sale Agreement: Property Retains Status in Liquidation Estate, Title Deeds Recoverable
NCLAT held that property under an unexecuted sale agreement remains part of the liquidation estate, and the Liquidator may recover the original title deeds.
2 hours ago4 min read
Failure to Prove Time-Value Disbursal Defeats Section 7 Claim: Financial Debt Not Established under IBC
NCLAT held that absence of proof of time-value disbursal, repayment triggers, or default prevented classification of the transaction as a financial debt under Section 5(8) IBC.
4 hours ago4 min read
Recourse Factoring Classified as Financial Debt: NCLAT Upholds Section 7 Admission
NCLAT held that recourse factoring supported by an irrevocable undertaking constitutes a financial debt under Section 5(8)(e), affirming admission of the Section 7 application.
1 day ago4 min read
NCLAT Quashes Section 9 CIRP Admission for Ignoring Clear Pre-Existing Dispute Raised in Section 8 Reply
NCLAT set aside the admission of a Section 9 petition after finding that the Adjudicating Authority failed to consider a clear pre-existing dispute evidenced in the Section 8 reply and related emails.
1 day ago4 min read
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