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Debt Acknowledgement in Balance Sheets Extends Limitation Against Guarantor under Section 95 IBC
NCLAT ruled that acknowledgment of outstanding dues in balance sheets constituted a valid statutory acknowledgment under Section 18 of the Limitation Act. Since the guarantee remained continuing, the limitation period against the guarantor stood extended, making initiation of insolvency proceedings under Section 95 maintainable.
Dec 11, 20254 min read


Mediation Settlement Remains Binding Despite Subsequent Coercion Allegations and Absence of Supporting Annexures
NCLAT upheld that consent terms signed post-mediation are enforceable, rejecting later claims of coercion or incomplete annexures, reinforcing the binding nature of settlements in company disputes.
Dec 10, 20254 min read


Section 9 CIRP Petition Not Maintainable Where Invoice Liability Is Disputed and Debt Not Crystallised
A Section 9 CIRP petition was ruled non-maintainable where dispute existed over invoice reconciliations and appropriation of payments, as insolvency cannot adjudicate contested claims.
Dec 10, 20254 min read


Liquidation Sale: Successful Bidder Liable for 12% Interest on Delayed Balance Consideration
The Appellate Tribunal held that delayed payment of confirmed auction consideration in liquidation attracts mandatory interest and bidders cannot seek exemption after accepting “as-is-where-is” sale conditions.
Dec 10, 20254 min read


Section 9 IBC Upholds CIRP Initiation for Undelivered Goods Despite Advance Payment and Disputed Claims
NCLAT, New Delhi upheld CIRP under Section 9 IBC, ruling that advance payment for undelivered goods constitutes operational debt, and the absence of pre-existing dispute validates insolvency proceedings.
Dec 9, 20254 min read


Banks Cannot Enforce Credit Card Recovery on Disputed Transactions Without Proving Authorization: Delhi HC
Banks cannot enforce credit card recovery or impose charges where electronic transactions are disputed unless prior authorization is proven through verifiable and accountable authentication mechanisms.
Dec 8, 20253 min read


Unsecured High-Value Transactions During Pending Insolvency Held Fraudulent Under Section 66 IBC
Executing unsecured high-value transactions during ongoing insolvency, without reasonable expectation of recovery and contrary to commercial prudence, was held to constitute fraudulent and wrongful trading under Section 66 IBC.
Dec 8, 20253 min read


Provident Fund Dues Override SARFAESI Priority Even After Section 26E Registration
The Supreme Court held that security-interest registration under Section 23 gives Section 26E priority over all dues, but provident fund liabilities legally retain first-charge status and must be discharged before allocation of sale proceeds to secured debt.
Dec 6, 20254 min read


NCLAT Quashes Bankruptcy Trigger for Guarantors — Grants Time to File Repayment Plan; Proceedings Referred to Section 106
The appellate tribunal clarified that bankruptcy proceedings against a personal guarantor cannot be allowed to continue merely for failure to file a repayment plan, particularly where parties mutually extend time to file a compliant proposal. Any earlier admission under Section 123 must be recalled, and the process must revert to the statutory stage under Section 106 IBC.
Dec 5, 20253 min read


NCLAT Rules: Liquidator Cannot Enforce Disputed Receivables Summarily; Balance Sheet Entries Not Admission of Debt
The appellate tribunal held that disputed receivables cannot be enforced in liquidation through summary jurisdiction under Section 60(5) IBC. It clarified that financial statement entries do not constitute admission of liability, requiring the Liquidator to pursue contractual or judicial remedies.
Dec 5, 20254 min read
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