The Gujarat High Court ruled that possession disputes during liquidation fall exclusively under the NCLT’s jurisdiction and writ petitions against such orders are non-maintainable.

The Bombay High Court ruled that consumer or recovery proceedings initiated during the IBC moratorium are void once a resolution plan is approved under Section 31 of the Code.

NCLAT clarified that a mere request for pass over cannot be treated as waiver of oral hearing and directed that the principles of natural justice must be strictly upheld in adjudicatory proceedings.

NCLAT ruled that the Adjudicating Authority cannot intervene in a CoC-approved sale under Regulation 29 of the CIRP Regulations when the sale process complies with the IBC framework and reflects the CoC’s commercial wisdom.

The Allahabad High Court held that an auction purchaser buying property on an ‘as is where is’ basis assumes full responsibility for undisclosed liabilities and cannot seek relief for society dues discovered after the sale.

NCLAT held that EPFO claims arising during CIRP moratorium under Section 14 IBC are unenforceable and cannot be admitted against the Corporate Debtor.

NCLAT ruled that a suspended director has no locus during CIRP and clarified that moratorium under Section 14 IBC does not bar the Adjudicating Authority from allowing arbitral counterclaims.

NCLAT ruled that subsequent financial agreements cannot nullify existing corporate guarantees where sanction letters ensure their continuity, and insufficiency of stamp duty does not render a Section 7 IBC proceeding invalid.

NCLAT held that a Section 9 application under the IBC cannot proceed where a pre-existing dispute exists, including pending civil suits, and the Corporate Debtor’s notice of dispute bars the initiation of insolvency proceedings.

NCLAT ruled that a lease deed executed by unauthorised persons without consideration is invalid, and the Corporate Debtor cannot claim leasehold rights over the property for inclusion in the CIRP information memorandum.