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Prior Secured Creditor’s Charge Prevails Over Subsequent State Dues: High Court Clarifies Pre-Section 26E SARFAESI Priority
The Punjab & Haryana High Court held that a prior SARFAESI mortgage and auction sale could not be defeated by a subsequent State revenue attachment in the absence of a statutory first charge before Section 26E.
Dec 16, 20254 min read


Liquidation Sale Under IBC Is Not a Contract: Bidder Bound by NCLT Extension and Forfeiture: Supreme Court
The Supreme Court held that forfeiture in a liquidation sale is lawful where a bidder accepts an extension of time subject to forfeiture and later defaults, as such forfeiture flows from statutory powers under the IBC.
Dec 16, 20254 min read


Joint Consideration of Personal Guarantors’ Repayment Plans Does Not Amount to Group Insolvency: NCLAT
The NCLAT held that joint meetings for considering repayment plans of personal guarantors do not amount to group insolvency where each plan is independently examined and rejected on commercial grounds.
Dec 15, 20254 min read


High Court Stays Liquidation Auction: Valuation of Plant and Machinery by Ineligible Valuer Held Prima Facie Unsustainable
The Kerala High Court stayed a liquidation auction after holding that valuation of plant and machinery by an ineligible valuer was prima facie unsustainable under the valuation rules.
Dec 15, 20253 min read


Reflected Homebuyer Claims Cannot Be Ignored in Resolution Plan Despite Belated Filing: NCLAT
The NCLAT held that a belatedly filed homebuyer claim cannot be ignored where the allotment and payments are reflected in the Corporate Debtor’s records, and such liabilities must be considered through an addendum to the resolution plan prior to its approval.
Dec 14, 20254 min read


High Court Sanctions One-Time Ex-Gratia Welfare Payment to Company Paid Staff from Official Liquidator’s Common Pool Fund
The High Court permitted a one-time ex-gratia welfare payment to Company Paid Staff of the Official Liquidator from surplus Common Pool Funds, holding that such equitable relief was permissible where no creditor interest was prejudiced and no precedent was created.
Dec 13, 20253 min read


High Court Sets Aside DRAT Order: NPA Classification After 90 Days of Default Upheld and SARFAESI Auction Sustained
Continuous default beyond ninety days justifies NPA classification, and borrower’s express consent to auction operates as waiver, barring subsequent SARFAESI challenges.
Dec 13, 20254 min read


Time-Barred CIRP Claims Cannot Be Revived After Final Rejection: NCLAT Affirms Limited Scope of Remand
CIRP claims earlier rejected as time-barred cannot be reopened on remand, as limitation finality and strict IBC timelines prevail; prospective Regulation 13(1B) amendments do not create new rights.
Dec 12, 20254 min read


DRT Cannot Impose Overseas Travel Restrictions Without Statutory Authority: High Court Quashes Recovery Officer’s Conditions as Unconstitutional
The Madhya Pradesh High Court has ruled that the DRT and its Recovery Officer cannot impose overseas travel restrictions without statutory authority. Since the 1993 Act contains no provision permitting curtailment of the right to travel abroad, such conditions violate Articles 19 and 21 and are unconstitutional.
Dec 12, 20253 min read


CoC Remand Nullifies Prior Plan Approval: Homebuyer Claims Must Be Independently Re-evaluated Under IBC
In a significant clarification on homebuyer rights under the IBC, NCLAT ruled that once a resolution plan is remanded to the CoC, the earlier approval stands nullified. The Adjudicating Authority must independently examine all pending homebuyer claims, and rejection based solely on the previous CoC approval is contrary to the remand directions and legally untenable.
Dec 11, 20254 min read
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