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Bombay High Court: MSME Director Lacks Locus to Challenge Recovery; SARFAESI and IBC Actions Stand Despite Revival Framework Claims
The Bombay High Court held that the director of an MSME lacks the legal locus to challenge recovery actions and upheld the proceedings...
Jun 283 min read


Binding Force of BIFR’s Rehabilitation Scheme Prevails Over EPFO’s Discretion in Waiver of Damages under Section 14B
The CGITLC held that the binding force of the BIFR’s rehabilitation scheme prevails over the EPFO’s discretion in waiving damages under...
Jun 273 min read


Balance Sheet Acknowledgment Must Be Dated from Signing, Not Filing: NCLAT Upholds Time-Barred Dismissal of Section 7 Application
NCLAT held that acknowledgement of debt in a balance sheet triggers a fresh limitation period from the date of signing, not from the date...
Jun 273 min read


NCLAT Sets Aside Section 9 Admission Due to Pre-Existing Dispute Under Facility Agreement: Upholds Mobilox Principle
The NCLAT set aside the admission of a Section 9 application under the IBC, holding that the existence of a pre-existing dispute under...
Jun 253 min read


Interest Subsidy from RBI Not Taxable under Interest Tax Act: High Court Rules in Favour of Assessee
The Bombay High Court ruled in favour of the Assessee, holding that the interest subsidy received from the Reserve Bank of India under...
Jun 253 min read


Acknowledged Debt under Fresh Loan by ARC Held Enforceable: NCLAT Upholds Section 7 Admission Despite Limitation and Procedural Challenge
The NCLAT upheld the admission of a Section 7 application, holding that the acknowledged debt under a fresh loan granted by an Asset...
Jun 244 min read


Bank Liable for Encashment of Forged Cheques: High Court Sets Aside Trial Court’s Dismissal, Upholds Customer’s Claim for Negligent Payment
The Kerala High Court held the Bank liable for encashment of cheques bearing forged signatures and set aside the trial court’s dismissal...
Jun 203 min read


Mandatory Pre-Deposit Upheld: DRAT Rejects Waiver Plea for Lack of Prima Facie Case and Financial Hardship
The DRAT upheld the requirement of mandatory pre-deposit under Section 18(1) of the SARFAESI Act, rejecting the appellants’ plea for...
Jun 193 min read


Bank’s Recovery Right Under RDB Act Overrides State’s Charge Under VAT Act; High Court Enforces Section 31-B
The Andhra Pradesh High Court, by invoking Section 31-B of the RDB Act, held that the Bank’s right of recovery takes precedence over the...
Jun 193 min read


IBC Progresses Amid Persistent Pain Points: Elevated Haircuts, Delayed Resolutions Undermine Systemic Gains
Despite improved recoveries and increased deterrence effect, the ICRA report flags persistent challenges under the IBC framework,...
Jun 182 min read
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