top of page
Search


NCLT Cannot Adjudicate Shareholding or Property Disputes: Disclosure of High Court Litigation in Information Memorandum Upheld
NCLAT held that disputes relating to shareholding and immovable property lie outside insolvency jurisdiction, and that disclosure of pending High Court litigation in the Information Memorandum is adequately ensured through the duties of the Resolution Professional.
Dec 22, 20253 min read


Rejected Prospective Resolution Applicant Lacks Locus to Challenge CIRP or Information Memorandum: NCLAT Upholds Resolution Process
NCLAT held that a rejected prospective resolution applicant lacks locus standi to challenge the CIRP or seek re-issuance of the Information Memorandum, and alleged defects therein cannot invalidate the resolution process absent a violation of Section 30(2) IBC.
Dec 22, 20254 min read


Amendment of Date of Default Permissible in Section 95 Proceedings Despite Limitation Objection
NCLAT held that amendment of the date of default in a pending Section 95 personal guarantor insolvency application is permissible even at an advanced stage, as it facilitates effective adjudication without finally deciding limitation or foreclosing statutory defences.
Dec 22, 20254 min read


Oppression and Mismanagement Petition Not Maintainable by Non-Member: Private MoU and Section 89 Non-Compliance Insufficient
The NCLAT held that a former shareholder who has ceased to be a member cannot maintain an oppression and mismanagement petition based on a private MoU, and that Section 89 non-compliance attracts only statutory penalties.
Dec 22, 20254 min read


Liquidator’s Fee Payable Only on Asset Realisation or Distribution: Fixed Monthly Remuneration Barred Without CoC or SCC Approval
The NCLAT clarified that a liquidator cannot claim fixed monthly remuneration without CoC or SCC approval, holding that fees under Regulation 4 of the Liquidation Regulations are payable only upon actual asset realisation or distribution.
Dec 22, 20253 min read


Financial Debt Established from Balance Sheet Entries Even Without a Loan Agreement: NCLAT Upholds Section 7 CIRP
The NCLAT held that balance sheet entries and acknowledgments can establish financial debt for Section 7 IBC even in the absence of a formal loan agreement.
Dec 21, 20255 min read


Section 9 IBC Applications Require Reasoned Orders After Notice: NCLAT Sets Aside Cryptic Rejection and Orders Remand
The NCLAT held that cryptic rejection of a Section 9 IBC application without notice or reasons is impermissible, and reasoned adjudication after hearing is mandatory.
Dec 21, 20254 min read


Section 32A IBC Overrides PMLA Attachment: Supreme Court Allows Partial Release of Attached Properties
The Supreme Court held that Section 32A IBC overrides PMLA attachment to enable restitution of properties to successful resolution applicants for protecting innocent home buyers, subject to statutory exceptions.
Dec 21, 20254 min read


Partial Disbursement Not a Ground to Reject Section 7 IBC Application: NCLAT
The NCLAT held that partial disbursement and valuation disputes are irrelevant once financial debt and default are proved, and admission of CIRP under Section 7 IBC is justified.
Dec 20, 20254 min read


One-Time Settlement Lacks Statutory Enforceability: Civil Suit Seeking Specific Performance Against Bank Liable to Rejection | Calcutta High Court
The Calcutta High Court clarified that one-time settlements are matters of commercial discretion and do not create enforceable contractual rights in favour of borrowers unless backed by a statutory or binding scheme.
Dec 20, 20254 min read
bottom of page