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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


Late EoIs Cannot Be Entertained After CoC Opts for Liquidation, Rules NCLAT
NCLAT ruled that late EoIs cannot be entertained once CoC opts for liquidation, reaffirming that such decisions fall under the commercial wisdom of the CoC.
Aug 284 min read


Fresh Cause of Action for Each SARFAESI Enforcement Step Extends Limitation, Rules Allahabad High Court
Allahabad High Court ruled that each SARFAESI enforcement step extends limitation by creating a fresh cause of action, with the period computed from the last impugned measure, not the initial notice.
Aug 274 min read


NCLAT Upholds Presumption of Notice Service Under Section 27 and Allows Personal Insolvency Proceedings Alongside CIRP
NCLAT held that statutory notices sent to the last known address are presumed valid under Section 27 and affirmed the permissibility of simultaneous insolvency proceedings against corporate debtors and their personal guarantors.and affirmed the permissibility of simultaneous insolvency proceedings against corporate debtors and their personal guarantors.
Aug 273 min read


NCLAT Affirms Upfront Full Payment of Liquidation Value to Dissenting Financial Creditors Under Approved Resolution Plan
NCLAT confirmed that dissenting financial creditors are entitled to receive their entire liquidation value upfront and in priority over assenting creditors if provided in the resolution plan.upfront and in priority over assenting creditors if provided in the resolution plan.
Aug 264 min read


NCLAT Rules Appeal Against Liquidator Fee Directions Infructuous After SCC Fixes Remuneration
NCLAT held that an appeal against NCLT’s directions on liquidator remuneration becomes infructuous once the SCC fixes the fees, leaving no cause for further adjudication.
Aug 263 min read


NCLAT Rules Adjudicating Authority Can Enforce Arbitral Award During CIRP Despite MSME and Arbitration Act Objections
NCLAT held that the Adjudicating Authority can enforce an MSME Act arbitral award during CIRP under Section 60(5) of the IBC, overriding objections under the Arbitration Act.
Aug 254 min read


NCLAT Bars Lender’s Ownership Claim on Loan Amount Once Disbursed Under CIRP
NCLAT ruled that once a loan amount is disbursed to a corporate debtor, lenders cannot claim ownership, as such funds become part of the debtor’s assets under CIRP.
Aug 254 min read


NCLAT Upholds CoC’s Exclusive Authority on Fee Determination, Bars Fresh Challenge
NCLAT held that CoC exclusively determines CIRP fees and expenses, and once approved, subsequent challenges are barred, reinforcing CoC’s autonomy under IBC.
Aug 253 min read


Failure to Implement Resolution Plan Within Stipulated Timeline Leads to PBG Encashment and CIRP Revival: NCLAT
NCLAT held that delay in implementing an approved resolution plan justifies PBG encashment and CIRP revival, reinforcing timely compliance as a core IBC mandate.
Aug 244 min read
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