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Supreme Court Upholds Homebuyers' Right to Possession in CIRP, Rejects Treatment as Belated Claims under Insolvency and Bankruptcy Code
The Supreme Court held that verified and admitted homebuyer claims in a CIRP cannot be downgraded as belated claims for mere refunds. Once recognised under the Resolution Plan approved by the CoC and confirmed under Section 31, such homebuyers are entitled to possession and conveyance of their units in accordance with the binding plan.
40 minutes ago4 min read


Service of Section 95(4)(b) IBC Demand Notice Mandatory; Admitted Receipt by Guarantor Bars Technical Challenges
The Appellate Tribunal reiterated that service of a Section 95(4)(b) demand notice is a mandatory statutory precondition for initiating insolvency against personal guarantors; however, once receipt and knowledge are admitted, technical service objections cannot defeat the proceedings.
1 day ago3 min read


IBC Resolution Plan Approval Extinguishes All Pre-Plan Government and Statutory Claims: Gujarat High Court
Once a resolution plan is approved under Section 31 IBC, all earlier statutory dues, including government tax claims, stand extinguished and cannot be enforced post-approval.
4 days ago3 min read


Withdrawal of CIRP Post-CoC Constitution Requires 90% CoC Approval Under Regulation 30A(1)(b) of IBC
NCLAT held that once CoC is constituted, CIRP withdrawal must comply with Section 12A read with Regulation 30A(1)(b), requiring 90% CoC approval—pre-CoC settlements cannot override this requirement.
5 days ago5 min read


Writ Jurisdiction Not Maintainable in SARFAESI Matters where Debts Recovery Tribunal has the Exclusive Remedy
Kerala High Court held that writ petitions under Article 226 are not maintainable in SARFAESI matters where an effective remedy before the DRT exists under Section 17.
Oct 174 min read


NCLAT Upholds Rejection of Belated Provident Fund Claims Post-CoC Approval, Reinforces Finality of IBC Resolution Plan
NCLAT ruled that Provident Fund claims filed after CoC approval cannot be entertained under IBC, emphasizing the clean slate principle and the finality of approved Resolution Plans.
Oct 154 min read


NCLAT Sets Aside CIRP Admission Order for Lack of Hearing, Remands for Settlement Consideration Under IBC
NCLAT New Delhi ruled that an order admitting a Corporate Debtor to CIRP without granting a fair hearing must be set aside, and any subsequent settlement must comply with the Insolvency and Bankruptcy Code’s procedural safeguards.
Oct 153 min read


Section 9 IBC Application Must Exceed Financial Threshold Excluding Interest to Be Maintainable
NCLAT New Delhi held that a Section 9 IBC application must exceed the financial threshold excluding interest, and unsupported interest claims are not recoverable, rendering such petitions non-maintainable regardless of limitation.
Oct 143 min read


Financial Creditor Status Under IBC Demands Documented Payment and Timely Claim Submission
NCLAT New Delhi ruled that Financial Creditor status under IBC requires documentary proof of disbursement, and claims not admitted before resolution plan approval cannot be reopened, upholding finality in the insolvency process.
Oct 143 min read


Claims Must Be Supported by Valid Documents; Agreements by Disqualified Directors Are Unenforceable: NCLAT Upholds Resolution Plan Sanctity
NCLAT ruled that CIRP claims must be backed by valid documents and timely submitted, and agreements by disqualified directors or sister concerns lacking privity are unenforceable, thereby upholding the sanctity of the resolution plan.
Oct 133 min read
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