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IBC does not override the Slum Act; SRA retains the power to remove defaulting developers
Bombay High Court ruled that IBC resolution plans cannot limit SRA’s statutory powers under the Slum Act, affirming the authority to replace defaulting developers.
Sep 14 min read


Assignment of Stressed Loans to Operational Creditors Held Unlawful; Compromise Under CPC Must Be Lawful, Rules Bombay High Court
Bombay High Court held that assignment of stressed loans to operational creditors is unlawful under RBI norms and that CPC compromises cannot validate agreements prohibited by law.
Sep 14 min read


Section 94 IBC Not Available to Personal Guarantors of Sole Proprietorship Firms – SARFAESI Recovery Proceedings Valid
MP High Court ruled that Section 94 IBC cannot be invoked by personal guarantors of sole proprietorship or partnership firms, validating SARFAESI recovery proceedings.
Aug 303 min read


IBC Resolution Plan Overrides Tax Revision Powers under Section 263 of Income Tax Act
Gujarat High Court ruled that approval of an IBC resolution plan extinguishes all pre-existing tax liabilities, overriding the Income Tax Department’s powers under Section 263.
Aug 303 min read


Delhi High Court Stays IBBI Disciplinary Action Against Insolvency Professional Citing Bias and Procedural Lapse
Delhi High Court stayed IBBI’s disciplinary order against an insolvency professional, holding that violation of natural justice and possible bias warranted judicial intervention at this stage.
Aug 303 min read


Arbitration Clause in Tax Invoices Amounts to Valid Arbitration Agreement, Rules Bombay High Court
Bombay High Court ruled that an arbitration clause in tax invoices accepted without objection qualifies as a valid arbitration agreement under Section 7, allowing reference to arbitration under Section 11.
Aug 303 min read


NCLAT Affirms Maintainability of Section 95 Application Against Personal Guarantor Without Pending CIRP
NCLAT clarified that an application under Section 95 of the IBC against a personal guarantor is maintainable even when no CIRP or liquidation proceedings are pending against the corporate debtor.
Aug 293 min read


NCLAT Sets Aside Section 9 Admission, Holds Pre-Existing Dispute Established Through Email Correspondence and Unreconciled Accounts
NCLAT clarified that a Section 9 IBC application cannot be admitted when email correspondence and unresolved account reconciliation indicate a pre-existing dispute between the parties.
Aug 293 min read


Revival of Section 9 IBC Petition Permissible When Settlement Terms Provide for Restoration, Holds NCLAT
NCLAT ruled that a Section 9 IBC petition can be revived if a settlement agreement explicitly provides for restoration in the event of default.
Aug 293 min read


Intervention Petition by Workman Alleging Fraudulent CIRP Under Section 65 Cannot Be Rejected for Lack of Locus, Rules NCLAT
NCLAT held that petitions alleging fraudulent CIRP under Section 65 cannot be dismissed for lack of locus and must be evaluated on merits by the Adjudicating Authority.
Aug 283 min read
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