top of page
Search


Extinguishment of Pre-CIRP Claims Post Resolution Plan Approval: DVC Barred from Recovery Beyond Plan Allocation
NCLAT held that upon approval of the Resolution Plan, all pre-CIRP claims stood extinguished, thereby barring DVC from recovering any...
May 17, 20253 min read


Threshold for Section 9 IBC Application to Be Determined on Date of Filing, Not Admission: NCLAT
NCLAT held that the threshold for a Section 9 application under the Insolvency and Bankruptcy Code, 2016, must be determined on the date...
May 15, 20253 min read


Reinitiation of SARFAESI Proceedings Not a Valid Ground to Claim Refund of Forfeited Earnest Money under Rule 9(5)
High Court held that the reinitiation of SARFAESI proceedings by the bank does not constitute a valid ground to seek refund of forfeited...
May 11, 20253 min read


Supreme Court Reaffirms: NCLAT Cannot Condonate Delay Beyond 45 Days Under Section 61(2) of the IBC
The Supreme Court reaffirmed that the NCLAT cannot condone any delay beyond 45 days under Section 61(2) of the Insolvency and Bankruptcy...
May 9, 20253 min read


No Operational Debt for Director Without Independent Remuneration Approval; Pre-Existing Dispute Bars Section 9 IBC Petition
NCLAT held that no operational debt arises in favour of a director in the absence of independent board-approved remuneration, and that...
May 8, 20253 min read


The NCLT cannot reject a duly approved resolution plan and order liquidation of the corporate debtor; NCLAT Sets Aside NCLT’s Liquidation Order
The NCLAT set aside the NCLT’s liquidation order on the grounds that it was passed without issuing notice to the resolution applicant and...
May 7, 20253 min read


Why No Full-Time Members at NCLT Indore Since 2017? MP High Court Seeks Centre’s Justification for Non-Posting Despite Member Availability
MP High Court sought the Centre’s justification for not having posted full-time members at the NCLT Indore Bench since its establishment...
May 5, 20253 min read


NCLAT Upholds CoC’s Discretion in Timeline Fixation During Continued CIRP Process Without Fresh Form-G
The NCLAT upheld the Committee of Creditors’ discretion in fixing timelines for submission of resolution plans during a continued CIRP...
May 5, 20253 min read


Supreme Court Restores Appeal Filed Within Exclusion Period; COVID-19 Limitation Relaxation Applies to NCLAT Appeals
The Supreme Court held that the COVID-19 limitation relaxation applies to appeals before the NCLAT and accordingly restored the appeal...
Apr 24, 20252 min read


Acknowledgement of Debt Extends Limitation for IBC Proceedings: NCLAT Upholds CIRP Admission Despite Appellant’s Possession Claims
NCLAT held that the acknowledgement of debt by the corporate debtor extended the limitation period for initiating IBC proceedings,...
Apr 23, 20253 min read
bottom of page