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Validity of Section 95 Proceedings Against Personal Guarantors Post-Resolution Plan Approval
NCLAT upheld the validity of proceedings initiated under Section 95 of the IBC against Personal Guarantors, even after the approval of a...
Apr 21, 20253 min read


Restructuring Conduct Binds Debenture Trustee: NCLAT Rejects Section 7 Plea Amid Affirmed Moratorium
NCLAT held that the conduct of the Debenture Trustee in acting upon the restructuring proposal, including releasing securities and...
Apr 19, 20254 min read


NCLAT Clarifies Timing of Withdrawal Application Under Section 12A: Filing Date Determines Applicability of CoC Approval
NCLAT clarified that under Section 12A of the IBC, the applicability of Committee of Creditors (CoC) approval depends on the actual date...
Apr 18, 20254 min read


Section 9 Petition Dismissed: No Interest Without Agreement – Claim Below Threshold After Exclusion of 10A Period
NCLAT held that a Section 9 petition under the IBC was not maintainable as the interest component, lacking any prior agreement, could not...
Apr 17, 20253 min read


Electricity Dues in Liquidation: No Recovery from Auction Purchaser Beyond IBC Waterfall Mechanism
NCLAT held that electricity dues in liquidation cannot be recovered from the auction purchaser, as such claims must be settled strictly...
Apr 17, 20253 min read


NCLAT Cannot Declare Registered Sale Deed as Non-binding in Absence of Title Transfer through Registered Conveyance or Suit for Specific Performance
The Supreme Court held that the NCLAT could not have declared the registered sale deed as non-binding on the company in the absence of a...
Apr 17, 20253 min read


Immovable Property Cannot Form Part of Resolution Plan Without Registered Ownership Transfer – Agreement to Sell Does Not Confer Title
NCLAT held that immovable property cannot form part of the resolution plan unless there is a registered transfer of ownership, as an...
Apr 16, 20253 min read


Suppression of Allottee Data Amounts to Fraud—Recall under Rule 11 to Prevent Miscarriage of Justice Upheld
NCLAT held that suppression of allottee data by the Corporate Debtor amounted to fraud, and upheld the recall of the dismissal order...
Apr 13, 20253 min read


Authorised Representative of Homebuyers Cannot Be Replaced by Inherent Powers of the Adjudicating Authority—Statutory Mechanism under Regulation 16A(3A) Must Be Followed
NCLAT held that the Authorised Representative of homebuyers cannot be replaced by invoking the inherent powers of the Adjudicating...
Apr 12, 20253 min read


Exclusion of Interim Restraint Period from Resolution Plan Timeline Justified Due to Hindrance in Fund Generation by the Successful Resolution Applicant
NCLAT held that the exclusion of the interim restraint period from the Resolution Plan implementation timeline was justified, as the...
Apr 12, 20253 min read
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