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Borrower’s Redemption Rights Extinguished on Auction Notice Under Amended Section 13(8) SARFAESI Act
NCLAT ruled that a borrower’s redemption right under amended Section 13(8) of the SARFAESI Act ends once the auction notice is issued, rendering subsequent sales immune from challenge under the IBC even during moratorium, thereby safeguarding secured creditor actions and public auction integrity.
Oct 95 min read


Interim Resolution Professional Cannot Claim Fees or Expenses During Stay of CIRP Proceedings: NCLT Bengaluru
The NCLT, Bengaluru Bench, held that an IRP cannot claim fees during the period CIRP proceedings are stayed and that closure due to settlement is not a withdrawal under Section 12A of the IBC.
Oct 94 min read


Adjudicating Authority Cannot Interfere with CoC’s Commercial Wisdom Once Resolution Plan Meets IBC Compliance: NCLT Mumbai
The NCLT, Mumbai Bench, ruled that once a resolution plan is CoC-approved and compliant under Section 30(2) IBC, the Adjudicating Authority cannot question the CoC’s commercial wisdom.
Oct 84 min read


ESI Contributions Constitute Trust Property and Not Part of Corporate Debtor’s Liquidation Estate
The NCLAT clarified that ESI contributions deducted from employees’ wages are trust property and cannot be included in the liquidation estate under Section 36(4)(a)(i) of the IBC.
Oct 83 min read


No Scope for Symbolic Possession under IBC: NCLAT Affirms IRP’s Right to Full Control of Corporate Debtor’s Assets
NCLAT Chennai held that the concept of ‘symbolic possession’ has no legal standing under the IBC, and the Interim Resolution Professional must assume complete control of the Corporate Debtor’s assets once CIRP commences.
Oct 73 min read


DRAT Empowered to Reduce Interest Granted by DRT under Section 19(20): Rajasthan High Court
The Rajasthan High Court upheld DRAT’s discretion under Section 19(20) of the RDB Act to reduce interest granted by DRT, ruling that a reasoned exercise of such discretion cannot be interfered with in writ jurisdiction.
Oct 63 min read


Email and Physical Service Constitute Proper Notice – NCLAT on Section 7 IBC
NCLAT ruled that email service and attempted physical delivery satisfy notice requirements under Rule 38 NCLT Rules, and upheld admission of a Section 7 IBC application once debt and default were established.
Oct 43 min read


Corporate Debtor Gains Ownership Despite Unregistered Sale Deed Under Takeover Agreement
NCLAT held that a takeover agreement with share allotment and consistent asset treatment establishes ownership for the corporate debtor even without a registered sale deed, preventing the transferor from reclaiming possession during CIRP.
Sep 273 min read


IBC Section 66: Directors Made Personally Liable for Illiquid Share Investments During Imminent Insolvency
NCLAT held that directors who invested in illiquid, non-traded shares during imminent insolvency without due diligence were liable under Section 66(2) IBC and could be ordered to personally contribute to the liquidation estate.
Sep 273 min read


Supreme Court Reaffirms Presumption in Cheque Bounce Cases, Restores Conviction and Orders Faster NI Act Trials
The Supreme Court restored a conviction in a cheque dishonour case, holding that statutory presumptions under Sections 118 and 139 NI Act remain unless rebutted with credible evidence, and financial capacity allegations cannot defeat enforceability.
Sep 263 min read
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