The Calcutta High Court clarified that the IBC moratorium bars asset seizure under FEMA during CIRP and post-liquidation, except against personally liable directors or officers.

The NCLAT clarified that once a Resolution Plan is approved by the CoC, disputed or unverified homebuyer claims cannot obstruct its implementation, reaffirming the IBC framework.

NCLAT ruled that insolvency applications under Section 95 IBC cannot be mechanically admitted against personal guarantors and mandated an independent judicial assessment by the Adjudicating Authority.

Allahabad High Court ruled that borrowers have no vested right to extension under OTS; failure to comply within 180 days lapses the settlement, enabling banks to cancel and auction secured assets.

The Supreme Court held that homebuyers with duly verified claims during CIRP cannot be treated as late claimants and are entitled to possession under the approved Resolution Plan.

NCLAT ruled that a purchaser who defaults on the agreed sale consideration cannot retain share certificates or subsidiary documents, reaffirming the RP’s authority under Sections 18 and 25 of the IBC to take custody of such assets.

NCLAT upheld that pre-existing contractual disputes bar Section 9 IBC petitions; both debt and default must be undisputed to trigger CIRP.

NCLAT affirmed that personal guarantees covering existing credit facilities are enforceable even without fresh disbursement, and pending recovery proceedings do not bar Section 95 insolvency action under the IBC.

The Supreme Court restored a decree, holding that cash payments in money lending transactions cannot be denied for lack of bank evidence when supported by a valid promissory note and oral testimony.

NCLAT held that Adjudicating Authorities can grant ex-post facto approval for criminal complaints filed by liquidators against ex-management if necessary to protect the corporate debtor’s assets and connected to prior authorized proceedings.