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Commercial Execution Proceedings Withdrawn Following Settlement – Liberty Granted to Restore on Breach of Terms
The High Court allowed the withdrawal of commercial execution proceedings following a settlement agreement between the parties, while...
Apr 11, 20252 min read


Writ Jurisdiction under Article 226 Cannot Be Invoked by Homebuyers Once Claims Are Submitted in Ongoing CIRP Proceedings under the IBC
The High Court held that writ jurisdiction under Article 226 of the Constitution cannot be invoked by homebuyers once their claims have...
Apr 11, 20252 min read


Supreme Court Leaves Settlement Dispute to Adjudicating Authority—Permits Consideration of Withdrawal under Section 12A of the IBC
The Supreme Court left the dispute concerning the settlement to be adjudicated by the Adjudicating Authority and permitted consideration...
Apr 11, 20252 min read


Section 95 Application Maintainable—Personal Guarantee Enforceable through Security Trustee; Limitation Validly Extended
NCLAT held that the Section 95 application was maintainable as the personal guarantee was enforceable through the Security Trustee and...
Apr 11, 20253 min read


Section 9 Petition Dismissed Due to Pre-existing Dispute Arising from Interlinked Commercial Transactions and Promoter-Level Litigations
NCLAT dismissed the Section 9 petition, holding that a pre-existing dispute existed arising from interlinked commercial transactions and...
Apr 10, 20253 min read


Belated Claim Filed After Approval of Resolution Plan – Entitled Only to 50% Refund Under Clause 18.4(xi) of Resolution Plan
NCLAT held that a belated claim filed after the approval of the Resolution Plan is entitled only to a 50% refund under Clause 18.4(xi) of...
Apr 10, 20253 min read


Writ Appellate Court Cannot Reappreciate Facts or Entertain New Grounds Absent Procedural Violation in Disciplinary Actions by IBBI
The High Court held that a writ appellate court cannot reappreciate factual findings or entertain new grounds at the appellate stage in...
Apr 10, 20253 min read


Proceedings under Section 138 of NI Act Against an Individual are Barred During Interim Moratorium Under Section 96 of the IBC
The High Court held that proceedings under Section 138 of the Negotiable Instruments Act against an individual are barred during the...
Apr 10, 20252 min read


IBBI Invites Public Suggestions on IBC Regulations to Simplify and Reduce Compliance Costs
The Insolvency and Bankruptcy Board of India (IBBI) has invited suggestions and comments from the public and regulated entities on all...
Apr 9, 20251 min read


Section 9 Petition Liable to be Dismissed if Pre-existing Dispute on Quantum and Quality of Claim Exists Before Demand Notice
NCLAT held that a Section 9 petition under the IBC is liable to be dismissed if there exists a pre-existing dispute regarding the quantum...
Apr 9, 20253 min read
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