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Email and Physical Service Constitute Proper Notice – NCLAT on Section 7 IBC
NCLAT ruled that email service and attempted physical delivery satisfy notice requirements under Rule 38 NCLT Rules, and upheld admission of a Section 7 IBC application once debt and default were established.
Oct 43 min read


Corporate Debtor Gains Ownership Despite Unregistered Sale Deed Under Takeover Agreement
NCLAT held that a takeover agreement with share allotment and consistent asset treatment establishes ownership for the corporate debtor even without a registered sale deed, preventing the transferor from reclaiming possession during CIRP.
Sep 273 min read


IBC Section 66: Directors Made Personally Liable for Illiquid Share Investments During Imminent Insolvency
NCLAT held that directors who invested in illiquid, non-traded shares during imminent insolvency without due diligence were liable under Section 66(2) IBC and could be ordered to personally contribute to the liquidation estate.
Sep 273 min read


Supreme Court Reaffirms Presumption in Cheque Bounce Cases, Restores Conviction and Orders Faster NI Act Trials
The Supreme Court restored a conviction in a cheque dishonour case, holding that statutory presumptions under Sections 118 and 139 NI Act remain unless rebutted with credible evidence, and financial capacity allegations cannot defeat enforceability.
Sep 263 min read


Bank’s Failure to Disclose Encumbrances of Property in Auction Notice Renders Sale Invalid, Supreme Court Orders Refund
The Supreme Court held that a bank-conducted auction of leasehold property without disclosure of the lessor’s statutory dues and mandatory consents is void, directing a refund to the purchaser under Rule 53 of the Income Tax Act read with Section 29 of the Recovery of Debts and Bankruptcy Act.
Sep 264 min read


Termination of Leave & Licence Agreements with One-Month Notice by Resolution Professional Valid Under IBC Section 60(5)
NCLAT held that a Resolution Professional may terminate leave and licence agreements with one-month notice under Section 60(5) IBC and that the Adjudicating Authority may order eviction and recovery of dues despite objections under the Maharashtra Rent Control Act.
Sep 253 min read


Illegal Possession Cannot Stall CIRP: NCLAT Upholds Financial Creditor’s Section 7 Claim
NCLAT held that illegal possession of corporate debtor assets does not prevent initiation of CIRP, and a Financial Creditor’s Section 7 application remains maintainable despite partial payments or asset occupation by others.
Sep 243 min read


NCLAT Bars Section 9 IBC Plea for 10A Defaults; Tribunal Lacks Power to Change Default Dates
NCLAT ruled that Section 9 IBC applications cannot be maintained for defaults during the Section 10A suspension period and that Adjudicating Authorities lack power to modify default dates without a formal amendment by the applicant.
Sep 243 min read


Adjudicating Authority Lacks Power to Replace Resolution Professional as Liquidator Without Specific IBBI Recommendation under IBC Section 34
NCLAT ruled that the Adjudicating Authority cannot replace a Resolution Professional as liquidator without a specific IBBI recommendation, and a general advisory letter cannot serve as valid grounds for such action.
Sep 234 min read


NCLAT: EPFO’s Delayed PF Claim Filed During IBC Moratorium Not Enforceable; Resolution Plan Cannot Be Modified
NCLAT ruled that EPFO’s delayed provident fund claim, initiated during the IBC moratorium without a valid Section 7A order, was unenforceable and refused to allow modification of the approved resolution plan to include such claims.
Sep 214 min read
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