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No Exit After CIRP Starts: NCLAT Upholds CoC’s Supremacy Over Section 12A Withdrawal
NCLAT held that after CIRP begins, withdrawal under Section 12A cannot rely on a settlement with a single creditor if other admitted claims exist, emphasising CoC’s supremacy.
Aug 24, 20254 min read


NCLAT Rules Section 9 IBC Petition Inadmissible for Default During Section 10A Bar and Below ₹1 Crore Threshold
NCLAT ruled that a Section 9 IBC petition is inadmissible if the default falls during the Section 10A bar period and recalculated claims fall below ₹1 crore; continuing CIRP after settlement is misuse.
Aug 23, 20254 min read


Allahabad High Court Upholds YEIDA’s Power to Cancel Land Allotment Despite Executed Lease Deeds
Allahabad High Court upheld YEIDA’s statutory power to cancel land allotment, ruling that Section 14 of the U.P. Industrial Area Development Act overrides executed lease deeds and partial payment claims.
Aug 23, 20254 min read


DRAT Delhi Issues Notice on Filing Praecipe and Affidavit for Urgent Hearings Before DRAT Kolkata
DRAT Delhi issued a notice prescribing filing of a praecipe and affidavit confirming service for urgent hearing requests before DRAT Kolkata, ensuring procedural fairness and transparency.
Aug 22, 20251 min read


NCLT Hyderabad Holds Section 7 IBC Petition Not Maintainable Against Financial Service Provider
NCLT Hyderabad held that Section 7 IBC petition is not maintainable against a SEBI-registered stock broker, as such entities qualify as Financial Service Providers excluded from IBC.
Aug 22, 20254 min read


Legal Consultancy Fee Claims Under IBC Require Credible Proof; Unsupported Invoices Not Admissible in CIRP: NCLAT
NCLAT held that legal consultancy fee claims in CIRP must be supported by credible proof beyond invoices or engagement letters, as unsupported claims cannot be admitted under IBC.
Aug 22, 20253 min read


SRA Has Procedural Liberty Only, Not Entitlement, to Seek Lease Renewal Under IBC; Final Approval Lies with the State; NCLAT Rules
NCLAT held that an SRA under the IBC has only procedural liberty, and not an enforceable right, to seek renewal of expired leases, as the decision to grant renewal lies exclusively with the State Government.
Aug 21, 20254 min read


Tenancy Created After Mortgage Cannot Defeat Bank’s Rights Under SARFAESI Act: High Court Rules Possession Must Be Handed to Secured Creditor
Allahabad High Court held that tenancy created post-mortgage cannot defeat a bank’s rights under the SARFAESI Act, mandating delivery of possession to the secured creditor, with disputes triable only before the DRT.
Aug 21, 20253 min read


NCLAT Rules Interest on Lease Rent Not Recoverable as CIRP Cost Absent Contractual Clause Under IBC
NCLAT ruled that interest on lease rent cannot be recovered as CIRP cost under the IBC without an express contractual clause, holding that unilateral invoice claims lack enforceability.
Aug 20, 20253 min read


NCLAT Rules Section 9 IBC Petition Not Maintainable Solely for Disputed Interest When Principal Debt Already Paid
NCLAT ruled that a Section 9 petition under the IBC is not maintainable solely for recovery of disputed interest after the principal debt has been paid, as invoices cannot override written supply agreements.
Aug 20, 20254 min read
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