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IBC Overrides Decree Claim: Bombay High Court Orders Unconditional Release of Bank Guarantees
The Bombay High Court held that the Insolvency and Bankruptcy Code (IBC) overrides a decree-holder's claim not forming part of an...
Jul 253 min read


NCLAT Sets Aside NCLT’s Rejection, Affirms Rectification under Rule 154 Maintainable Within Two Years of Final Order
The NCLAT set aside the NCLT’s rejection and affirmed that a rectification application under Rule 154 of the NCLT Rules, 2016, is...
Jul 253 min read


Pre-existing Dispute Due to Contract Termination Bars CIRP Initiation under Section 9 of IBC, Rules NCLAT
The NCLAT ruled that the initiation of CIRP under Section 9 of the IBC was barred due to a pre-existing dispute arising from the...
Jul 243 min read


SC Clarifies Section 18 of MSMED Act: Limitation Act Applies to Arbitration, Not Conciliation, in Time-Barred Claims
The Supreme Court clarified that under Section 18 of the MSMED Act, the Limitation Act applies to arbitration proceedings but not to...
Jul 244 min read


Only a Person with Legal Interest—Borrower, Mortgagor, Guarantor, or Protected Tenant—Can Challenge SARFAESI Action Under Article 226
The High Court ruled that only a person with a legal interest—such as a borrower, mortgagor, guarantor, or protected tenant—can challenge...
Jul 232 min read


Allegations of Coercion Cannot Invalidate Withdrawal of CIRP Without Legal Proof, Rules NCLAT
NCLAT ruled that allegations of coercion cannot invalidate the withdrawal of CIRP under Section 12A of the IBC in the absence of legal...
Jul 233 min read


Pre-Existing Dispute over Special Quantity Discounts Bars Admission of Section 9 IBC Application
NCLAT held that the pre-existing dispute over special quantity discounts barred the admission of the Section 9 application under the...
Jul 233 min read


NCLAT: Mere Project Ownership Insufficient to Establish IBC Liability Without Privity of Contract
The NCLAT held that mere ownership of a project is insufficient to establish liability under the IBC in the absence of a privity of...
Jul 223 min read


Mortgagor’s Right to Redeem Usufructuary Mortgage Not Time-Barred, Continues Until Decree of Sale
The High Court held that the mortgagor’s right to redeem a usufructuary mortgage is not time-barred and continues until a decree of sale...
Jul 223 min read


SC Clarifies: Partnership Firm Not Distinct Entity; Partners’ Joint and Personal Liability Upheld for Cheque Dishonour
The Supreme Court clarified that a partnership firm is not a distinct legal entity and upheld that partners bear joint and personal...
Jul 213 min read
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