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Section 32A Cannot Undo Pre-CIRP PMLA Attachments: NCLAT Restricts Insolvency Immunity to Statutory Limits
Section 32A immunity under the IBC does not override PMLA attachments that were validly imposed and attained finality before commencement of CIRP; only PMLA authorities can grant relief, and NCLT/NCLAT cannot order their release.
Nov 305 min read


Execution of Sale Deed Upheld Under IBC: NCLAT Confirms Completed Transaction Leaves Legal Heir With No Rights
The NCLAT confirmed that a fully completed property transfer—backed by registered documents, payment and possession—left no surviving rights for the legal heir, thereby validating the Adjudicating Authority’s direction under Section 60(5) to execute the Sale Deed during resolution plan implementation.
Nov 295 min read


Guarantor Bound by Executed Guarantee: Appeal Dismissed for Lack of Contrary Evidence
DRAT Allahabad held that a guarantor who executed the guarantee cannot deny liability without producing contrary evidence.
Nov 293 min read


NCLAT Sets Aside NCLT Section 9 Admission, Confirms Pre-Existing Dispute Prevents Enforcement
NCLAT held that a bona fide pre-existing dispute bars Section 9 admission and the Adjudicating Authority’s role is limited to assessing plausibility.
Nov 284 min read


Unexecuted Sale Agreement: Property Retains Status in Liquidation Estate, Title Deeds Recoverable
NCLAT held that property under an unexecuted sale agreement remains part of the liquidation estate, and the Liquidator may recover the original title deeds.
Nov 284 min read


Failure to Prove Time-Value Disbursal Defeats Section 7 Claim: Financial Debt Not Established under IBC
NCLAT held that absence of proof of time-value disbursal, repayment triggers, or default prevented classification of the transaction as a financial debt under Section 5(8) IBC.
Nov 284 min read


Recourse Factoring Classified as Financial Debt: NCLAT Upholds Section 7 Admission
NCLAT held that recourse factoring supported by an irrevocable undertaking constitutes a financial debt under Section 5(8)(e), affirming admission of the Section 7 application.
Nov 274 min read


NCLAT Quashes Section 9 CIRP Admission for Ignoring Clear Pre-Existing Dispute Raised in Section 8 Reply
NCLAT set aside the admission of a Section 9 petition after finding that the Adjudicating Authority failed to consider a clear pre-existing dispute evidenced in the Section 8 reply and related emails.
Nov 274 min read


Delay in EoI Submission Not a Material Irregularity: NCLAT Restores CoC-Approved Resolution Plan
NCLAT held that delay in submitting an EoI, when duly condoned without altering eligibility norms, does not constitute a material irregularity and restored the CoC-approved resolution plan.
Nov 274 min read


Back Wages Cannot Be Defeated by Liquidation: Karnataka High Court Orders Release of Deposited Amount to Workman
The Karnataka High Court held that liquidation cannot extinguish a workman’s vested entitlement to back wages crystallised under an award, and ordered release of the deposited amount with interest.
Nov 263 min read
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