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NCLAT Affirms Shareholders’ Absolute Right to Replace Voluntary Liquidator Without NCLT Intervention
The NCLAT affirmed that shareholders have the absolute right to replace a voluntary liquidator under Section 59 of the IBC without...
Jun 4, 20253 min read


Moratorium Under IBC Bars Section 138 NI Act Proceedings Against Corporate Debtor but Not Against Directors
The moratorium under the Insolvency and Bankruptcy Code bars proceedings under Section 138 of the Negotiable Instruments Act against the...
Jun 3, 20253 min read


Unauthorised Post-CIRP Transactions Held Void Under IBC Moratorium: NCLAT Upholds Refund Direction
NCLAT held that unauthorised post-CIRP transactions were void under the IBC moratorium and upheld the direction for refund to the...
Jun 3, 20253 min read


Arbitration in Loan Disputes: Limited Jurisdiction of Courts and Fraud Allegations Do Not Bar Reference Unless Arbitration Clause Is Vitiated
The High Court held that arbitration in loan disputes is not barred by fraud allegations or the limited jurisdiction of courts unless the...
Jun 2, 20253 min read


NCLAT Holds CoC Can Extend Timeline for EoIs and Resolution Plans Without Fresh Form-G, Affirms Commercial Wisdom in Approving Resolution Plan
The NCLAT held that the Committee of Creditors (CoC) is empowered to extend the timeline for submission of Expressions of Interest (EoIs)...
Jun 2, 20253 min read


Supreme Court Grants Interim Relief to Kalyani Transco, Stays NCLT Action Pending Review
The Supreme Court granted interim relief to Kalyani Transco and stayed the proceedings before the NCLT pending the filing and disposal of...
Jun 2, 20253 min read


Insolvency and Bankruptcy Code’s Transformational Impact: IIM Bangalore Study Reveals Stronger Credit Discipline, Lower Debt Costs, and Improved Corporate Governance
A recent research study titled Behavioural Impact of the Insolvency and Bankruptcy Code (IBC) conducted by the Indian Institute of...
Jun 2, 20252 min read


NCLAT Holds Refundable Fund Infusion as Financial Debt Under IBC Even Without Interest, Where Transaction Reflects Time Value of Money
The NCLAT held that a refundable fund infusion qualifies as financial debt under the IBC, even without interest, where the transaction...
Jun 1, 20253 min read


NCLAT Quashes CIRP: Pre-Existing Disputes Override Section 9 IBC Admission Against the Corporate Debtor
NCLAT quashed the initiation of CIRP against the Corporate Debtor, holding that pre-existing disputes barred the admission of a Section 9...
Jun 1, 20253 min read


Financial Creditor’s Control No Shield for Default: NCLAT Affirms CIRP Against Shree Vardhman Infraheights Despite PMC Oversight
NCLAT held that the financial creditor’s involvement and control through the Project Monitoring Committee (PMC) did not shield the...
Jun 1, 20253 min read
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