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NCLAT Sets Aside NCLT Order, Holding Exclusion of Secured Assets as Margin Money Violates CoC’s Commercial Wisdom under IBC
The NCLAT ruled that exclusion of assets as margin money by the Adjudicating Authority was beyond its jurisdiction, as it interfered with the CoC’s commercial wisdom and amounted to enforcing security during moratorium, contrary to the Insolvency and Bankruptcy Code.
Oct 31, 20254 min read


Arbitrator’s Prior Adjudicatory Role Not a Ground for Disqualification; Delhi HC Reaffirms Extinguishment of Unresolved Claims under IBC Resolution Plan
The Delhi High Court held that an arbitrator’s earlier judicial role does not warrant disqualification and that all excluded or unresolved claims stand extinguished once a resolution plan under Section 31 of the IBC is approved, ensuring finality for the corporate debtor.
Oct 30, 20254 min read


IBBI Suspends Resolution Professional for Gross Negligence in CIRP Extension and Delayed Liquidation Filing under Insolvency Code
The IBBI Disciplinary Committee suspended a Resolution Professional for gross negligence after he failed to seek timely CIRP extension and delayed the liquidation application despite CoC directions, holding such delay to be a breach of statutory duty under the Insolvency and Bankruptcy Code.
Oct 29, 20253 min read


Supreme Court Upholds Homebuyers' Right to Possession in CIRP, Rejects Treatment as Belated Claims under Insolvency and Bankruptcy Code
The Supreme Court held that verified and admitted homebuyer claims in a CIRP cannot be downgraded as belated claims for mere refunds. Once recognised under the Resolution Plan approved by the CoC and confirmed under Section 31, such homebuyers are entitled to possession and conveyance of their units in accordance with the binding plan.
Oct 29, 20254 min read


Service of Section 95(4)(b) IBC Demand Notice Mandatory; Admitted Receipt by Guarantor Bars Technical Challenges
The Appellate Tribunal reiterated that service of a Section 95(4)(b) demand notice is a mandatory statutory precondition for initiating insolvency against personal guarantors; however, once receipt and knowledge are admitted, technical service objections cannot defeat the proceedings.
Oct 28, 20253 min read


IBC Resolution Plan Approval Extinguishes All Pre-Plan Government and Statutory Claims: Gujarat High Court
Once a resolution plan is approved under Section 31 IBC, all earlier statutory dues, including government tax claims, stand extinguished and cannot be enforced post-approval.
Oct 25, 20253 min read


Withdrawal of CIRP Post-CoC Constitution Requires 90% CoC Approval Under Regulation 30A(1)(b) of IBC
NCLAT held that once CoC is constituted, CIRP withdrawal must comply with Section 12A read with Regulation 30A(1)(b), requiring 90% CoC approval—pre-CoC settlements cannot override this requirement.
Oct 24, 20255 min read


Writ Jurisdiction Not Maintainable in SARFAESI Matters where Debts Recovery Tribunal has the Exclusive Remedy
Kerala High Court held that writ petitions under Article 226 are not maintainable in SARFAESI matters where an effective remedy before the DRT exists under Section 17.
Oct 17, 20254 min read


NCLAT Upholds Rejection of Belated Provident Fund Claims Post-CoC Approval, Reinforces Finality of IBC Resolution Plan
NCLAT ruled that Provident Fund claims filed after CoC approval cannot be entertained under IBC, emphasizing the clean slate principle and the finality of approved Resolution Plans.
Oct 15, 20254 min read


NCLAT Sets Aside CIRP Admission Order for Lack of Hearing, Remands for Settlement Consideration Under IBC
NCLAT New Delhi ruled that an order admitting a Corporate Debtor to CIRP without granting a fair hearing must be set aside, and any subsequent settlement must comply with the Insolvency and Bankruptcy Code’s procedural safeguards.
Oct 15, 20253 min read
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