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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.
Oct 253 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.
Oct 245 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


Supreme Court Mandates Timely Disposal of Securitisation Applications by DRT Under SARFAESI Act
The Supreme Court ruled that under Section 17(5) of the SARFAESI Act, DRTs must dispose of securitisation applications within sixty days, extendable to four months with recorded reasons, and directed strict compliance with the statutory timeline.
Oct 133 min read


Legality of Liquidation Filing Post-CIRP Expiry: Upholding Committee of Creditors’ Commercial Wisdom and Insolvency Code Compliance
The NCLAT, New Delhi, held that once the CIRP period expires without an approved resolution plan, the Resolution Professional is empowered to file for liquidation with the Committee of Creditors’ consent, and the CoC’s commercial wisdom—including abstention from voting—remains beyond judicial review under the IBC framework.
Oct 124 min read
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