top of page
Search


NCLAT Upholds Section 29A(c) Disqualification, Rejecting MSME Status as a Valid Defense
The NCLAT upheld the disqualification under Section 29A(c) of the IBC, rejecting MSME status as a valid defence. The National Company Law...
Feb 2, 20254 min read


Dissolution without Liquidation: NCLAT Permits Corporate Debtor Dissolution Without Liquidation Due to Futility and Lack of Assets
NCLAT permitted the dissolution of a corporate debtor without liquidation due to futility and lack of assets. The National Company Law...
Feb 1, 20253 min read


The existence of a pre-existing bona fide dispute regarding the invoices precludes the initiation of a CIRP
NCLT held that the existence of a pre-existing bona fide dispute regarding the invoices precluded the initiation of a CIRP. The National...
Feb 1, 20253 min read


Enforceability of Personal Guarantees and Procedural Framework for Insolvency Proceedings Against Personal Guarantors
NCLT emphasized the enforceability of personal guarantees and the procedural framework for initiating insolvency proceedings against...
Jan 31, 20252 min read


Supreme Court Clarifies Prior CCI Approval Requirement for IBC Resolution Plans Involving Combinations
Supreme Court Clarified Prior CCI Approval Requirement for IBC Resolution Plans Involving Combinations. The Supreme Court Bench...
Jan 30, 20253 min read


Claims in Liquidation: Requirement for Concrete Evidence and Limited Role of Liquidator
NCLT held that claims during liquidation had to be substantiated with specific and concrete evidence rather than being speculative,...
Jan 30, 20253 min read


Maintainability of Proceedings and Granting Time for Reply Under Section 54C of IBC - Discretion of Adjudicating Authority
NCLAT upheld the discretion of the Adjudicating Authority regarding the maintainability of proceedings and granting time for a reply...
Jan 27, 20253 min read


Appointment of Resolution Professional Under Section 95 of IBC - Discretion of Adjudicating Authority
NCLAT upheld the discretion of the Adjudicating Authority in appointing a Resolution Professional under Section 95 of the Insolvency and...
Jan 27, 20252 min read


NCLAT Rules on CIRP Admission Addressing Limitation Extension, Unregistered Partnership Eligibility and Procedural Compliance
The NCLAT ruled on the admission of CIRP, addressing the extension of limitation, eligibility of unregistered partnerships, and...
Jan 26, 20253 min read


DRT Cannot Restore Possession of Secured Assets to Non-Borrower or Non-Possessor – Civil Court Jurisdiction and DRT's Powers under SARFAESI Act
The Supreme Court held that the DRT could not restore possession of the secured asset to a person who was neither the borrower nor the...
Jan 25, 20254 min read
bottom of page