The Appellate Tribunal reaffirmed that the Committee of Creditors held exclusive authority to select and recommend the Resolution Professional for appointment as liquidator under Section 34 of the IBC, leaving the Adjudicating Authority only with the power of formal appointment. It further held that the IBBI’s circular seeking to prevent an RP from also acting as liquidator could not override statutory provisions. This ruling strengthens creditor autonomy and prevents judicia

The Appellate Tribunal clarified that an Operational Creditor may claim set-off of admitted mutual dues while filing Form-B during CIRP, even during the moratorium, provided such dues are undisputed, quantifiable and arise from identifiable transactions.

The NCLAT ruled that IU uploads cannot extend limitation for independent invoices under Section 9 of the IBC. Each invoice forms a distinct cause of action, and partial payments or invoice-specific acknowledgments cannot revive claims barred by limitation, making the petition time-barred.

Section 32A immunity under the IBC does not override PMLA attachments that were validly imposed and attained finality before commencement of CIRP; only PMLA authorities can grant relief, and NCLT/NCLAT cannot order their release.

The NCLAT confirmed that a fully completed property transfer—backed by registered documents, payment and possession—left no surviving rights for the legal heir, thereby validating the Adjudicating Authority’s direction under Section 60(5) to execute the Sale Deed during resolution plan implementation.

DRAT Allahabad held that a guarantor who executed the guarantee cannot deny liability without producing contrary evidence.

NCLAT held that a bona fide pre-existing dispute bars Section 9 admission and the Adjudicating Authority’s role is limited to assessing plausibility.

NCLAT held that property under an unexecuted sale agreement remains part of the liquidation estate, and the Liquidator may recover the original title deeds.

NCLAT held that absence of proof of time-value disbursal, repayment triggers, or default prevented classification of the transaction as a financial debt under Section 5(8) IBC.

NCLAT held that recourse factoring supported by an irrevocable undertaking constitutes a financial debt under Section 5(8)(e), affirming admission of the Section 7 application.