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CoC Approval Mandatory for CIRP Cost Contribution, Rules NCLAT; Sets Aside Order Against Financial Creditor
NCLAT ruled that CIRP cost contributions require mandatory CoC approval with 66% voting, and cannot be imposed without a valid resolution under the IBC.
Aug 7, 20253 min read


Advisory Role Not Ground for Section 29A Disqualification, Says NCLAT; Sets Aside Rejection of Resolution Plan
NCLAT clarified that a resolution applicant cannot be disqualified under Section 29A of the IBC solely due to an advisory association with an allegedly ineligible person, especially in the absence of any concrete disqualification or NPA record.
Aug 6, 20253 min read


Director Lacks Locus Post-Liquidation; MSME Framework Cannot Override SARFAESI and IBC: Bombay High Court
The Bombay High Court ruled that a director of a company under liquidation has no legal standing to challenge recovery actions, and clarified that MSME revival schemes cannot override statutory frameworks under SARFAESI and the IBC.
Aug 6, 20254 min read


Pre-Existing Disputes Bar Section 9 Admission When Debt is Contingent on Third-Party Reconciliation: NCLAT
NCLAT ruled that Section 9 IBC proceedings are barred when operational debt liability is disputed and tied to third-party certification or reconciliation.
Aug 5, 20253 min read


DRAT: DRT Cannot Dismiss Entire Securitisation Application if Challenge to Sale Notices is Within Limitation
DRAT Kolkata clarified that a Securitisation Application cannot be wholly dismissed if timely challenges to SARFAESI sale notices exist, even if some notices are time-barred.
Aug 5, 20253 min read


Legal Heirs of Deceased Guarantor Must Comply with Section 21 Pre-Deposit to Challenge DRT Recovery Proceedings: Delhi High Court
The Delhi High Court ruled that legal heirs of a deceased guarantor must mandatorily make the Section 21 pre-deposit under the RDB Act before appealing DRT recovery orders, even if they weren’t parties to the original case.
Aug 4, 20253 min read


Admission of Section 95 IBC Application Against Personal Guarantors Upheld: NCLAT Clarifies RP’s Role on ECLGS Objections
NCLAT upheld the admission of a Section 95 IBC application against personal guarantors and clarified that objections related to ECLGS must be resolved by the Resolution Professional during the repayment plan formulation process.
Aug 4, 20253 min read


Supreme Court Upholds NCLAT Ruling: Invalid Share Transfers and Fabricated Resignations Amount to Oppression and Mismanagement
The Supreme Court held that fabricated resignations and questionable share transfers cannot oust rightful shareholders. Upholding NCLAT’s order, it ruled such acts constitute oppression and mismanagement, affirming the importance of continuous cause of action in such disputes.
Aug 3, 20253 min read


Extension of Time for Section 230 Scheme Not Barred by Law: NCLAT Holds Regulation 2B as Directory to Promote Revival Over Liquidation
NCLAT held that Regulation 2B’s 90-day limit under the Liquidation Regulations is directory, allowing extension of Section 230 schemes if revival is feasible and CoC-supported.
Aug 3, 20254 min read


Supreme Court Clarifies Territorial Jurisdiction under NI Act: Complaint Maintainable Where Payee Holds Bank Account
REEDLAW Legal News Network | 2 August 2025 | Case Citation - REEDLAW 2025 SC 07014 REEDLAW Legal News Network reports that the...
Aug 2, 20253 min read
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