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NCLAT Sets Aside Mechanical Rejection for Lack of Individual Assessment; Revives Allottee Claims for Fresh Consideration
The National Company Law Appellate Tribunal (NCLAT) set aside the mechanical rejection of claims for lack of individual assessment by the...
Jul 2, 20253 min read


Guarantors of Sole Proprietorship Firms Cannot Invoke Interim Moratorium Under Section 96 to Stall SARFAESI Proceedings
The Madhya Pradesh High Court held that guarantors of sole proprietorship firms cannot invoke the interim moratorium under Section 96 of...
Jul 2, 20253 min read


EPFO Bound by BIFR’s Final Rehabilitation Scheme: Tribunal Quashes Rejection of Section 14B Waiver
The Central Government Industrial Tribunal (CGITLC) held that the Employees’ Provident Fund Organisation (EPFO) is bound by the final...
Jul 2, 20253 min read


NCLAT Sets Aside Rejection of Homebuyer’s Claim Based on Cash Payment Dispute, Upholds Evidentiary Value of Settlement and Allotment Documents
The NCLAT set aside the rejection of the homebuyer’s claim based on a cash payment dispute and upheld the evidentiary value of the...
Jul 1, 20253 min read


High Court Rules Interim Moratorium Under IBC Inapplicable to Guarantors of Sole Proprietorship Firms
The High Court ruled that the interim moratorium under the Insolvency and Bankruptcy Code (IBC) is inapplicable to guarantors of sole...
Jul 1, 20253 min read


CoC Barred from Recalling Resolution Plan Once Submitted for Approval Under IBC Framework
NCLAT held that the Committee of Creditors (CoC) is barred from recalling or remitting a resolution plan once it has been submitted to...
Jul 1, 20253 min read


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 28, 20253 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 27, 20253 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 27, 20253 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 25, 20253 min read
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