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Acknowledgment of Debt and a Fresh Promise to Pay Under Section 25(3) of the Indian Contract Act Can Extend Limitation for IBC Proceedings
NCLAT held that acknowledgment of debt and a fresh promise to pay under Section 25(3) of the Indian Contract Act, 1872, can extend the...
Apr 1, 20253 min read


Chandigarh DRT Presiding Officer Challenges Suspension Extension in Delhi High Court, Cites Unjust Harassment
Mr. M.M. Dhonchak, Presiding Officer of Debts Recovery Tribunal (DRT)-2, Chandigarh, has filed an appeal before the Division Bench of the...
Mar 31, 20252 min read


Relocation of NCLT Kolkata Bench is a Policy Decision Not Warranting Judicial Interference in the Absence of Arbitrariness or Legal Infirmity
High Court held that the relocation of the NCLT Kolkata Bench is a policy matter for administrative efficiency and, in the absence of...
Mar 31, 20254 min read


Dissenting Creditors Get the First Slice: NCLAT Rules Pro-Rata Payout from Enhanced Resolution Value with Priority in Every Installment
NCLAT held that dissenting financial creditors are entitled to a pro-rata share of the enhanced resolution value and must be paid with...
Mar 29, 20254 min read


An Arbitral Award Cannot Be Set Aside Under Section 34 Merely Due to Erroneous Interpretation of Contractual Terms Unless It Suffers from Patent Illegality
The High Court held that an arbitral award cannot be set aside under Section 34 merely due to an erroneous interpretation of contractual...
Mar 27, 20253 min read


Personal Guarantor’s Liability Remains Enforceable Unless Expressly Discharged
NCLAT ruled that a personal guarantor’s liability remains enforceable unless expressly discharged by the creditor. The National Company...
Mar 27, 20254 min read


Banking Laws (Amendment) Bill, 2024: Key Reforms in Nomination, Substantial Interest, and Regulatory Compliance
Parliament has passed the Banking Laws (Amendment) Bill, 2024 , introducing significant reforms in banking regulations. The Rajya Sabha...
Mar 27, 20252 min read


NCLAT Upholds SBI’s Right to Invoke Personal Guarantee and Initiate Insolvency Proceedings Against Guarantors Under Section 95 of IBC
NCLAT upheld SBI’s right to invoke the personal guarantee and initiate insolvency proceedings against the guarantors under Section 95 of...
Mar 26, 20254 min read


Statutory Assessments Permissible but Unenforceable During Moratorium; Claims Filed Post-Resolution Plan Approval Are Inadmissible
NCLAT held that while statutory assessments are permissible, they are unenforceable during the moratorium, and claims filed after the...
Mar 26, 20253 min read


Mere Pendency of Arbitration or Settlement Proposals Does Not Bar Admission of a Section 7 Application Once Debt and Default Are Established
NCLAT held that the mere pendency of arbitration or settlement proposals does not bar the admission of a Section 7 application once debt...
Mar 25, 20254 min read
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