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Terminated Redevelopment Agreement Not an Asset of Corporate Debtor; IBC Moratorium Cannot Revive Extinguished Contractual Rights
A redevelopment agreement terminated before CIRP does not survive as an asset of the corporate debtor, and Section 14 moratorium cannot be used to revive extinguished contractual rights or block statutory redevelopment approvals.
23 hours ago6 min read


Company-Wide CIRP in Real Estate Insolvency Is Legally Unsustainable for Project-Specific Debt: NCLAT Enforces Project-Wise Resolution Norm
Initiation of a company-wide CIRP against a real estate developer is legally unsustainable where the debt and default arise from a single project, NCLAT holds, reiterating that project-wise insolvency remains the governing norm under the IBC.
2 days ago5 min read


Prior NCLT Approval Mandatory for Private Sale in Liquidation: Swiss Challenge Invalidated Due to Unreasonable Timelines and Restrictive EMD
The Appellate Tribunal held that a private sale conducted through a Swiss Challenge process during liquidation is unsustainable in the absence of prior approval of the Adjudicating Authority and where the process is structured with unreasonable timelines and restrictive EMD conditions that stifle competition.
2 days ago5 min read


Supreme Court Directs Transfer of Pending NCLAT Company Appeal for Expeditious Disposal
The Supreme Court directed the transfer of a pending NCLAT company appeal to the Principal Bench to ensure fair and expeditious adjudication. Broader administrative and public-interest concerns raised in a writ petition were treated as a representation for the Chief Justice of India’s consideration.
4 days ago3 min read


Right of Redemption Under SARFAESI After Auction Notice: Post-Notice Payment Does Not Invalidate Sale Proceedings
The High Court clarified that once an auction notice is issued under the SARFAESI Act, the borrower’s statutory right of redemption stands extinguished, and subsequent payments or settlement offers cannot invalidate the sale process or restrain completion of enforcement proceedings.
5 days ago3 min read


Proposed IRP Must Be Appointed Under Section 16(2) IBC: NCLT Cannot Reject on Ground of Multiple Assignments Alone
Kerala High Court held that once a Section 7 or 10 application is admitted, the NCLT must appoint the proposed IRP under Section 16(2) IBC if statutory eligibility is satisfied, and cannot reject appointment merely due to multiple assignments.
5 days ago4 min read


Approved Resolution Plan Authorises CoC to Pursue Avoidance Applications: Suspended Director Has No Locus to Oppose RP Substitution
NCLAT held that once a resolution plan authorises the CoC to pursue avoidance applications, a suspended director has no locus to oppose substitution of the Resolution Professional, and no separate hearing is required.
6 days ago3 min read


Section 35 of SARFAESI Act Cannot Override Article 371A: Supreme Court Holds Enforcement Without Security Interest Lacks Jurisdiction
The Supreme Court held that Section 35 of the SARFAESI Act does not override Article 371A of the Constitution, and that SARFAESI enforcement without a valid security interest in Nagaland is without jurisdiction.
7 days ago4 min read


Section 7 CIRP Barred Under Section 10A: Date of Default Stated in Demand Notice Is Determinative
NCLAT held that a Section 7 IBC application is barred under Section 10A if the date of default stated in the demand notice falls within the COVID-19 exclusion period, and cannot be modified by oral extensions or subsequent demands.
Dec 224 min read


NCLT Cannot Adjudicate Shareholding or Property Disputes: Disclosure of High Court Litigation in Information Memorandum Upheld
NCLAT held that disputes relating to shareholding and immovable property lie outside insolvency jurisdiction, and that disclosure of pending High Court litigation in the Information Memorandum is adequately ensured through the duties of the Resolution Professional.
Dec 223 min read
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