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Limits of Article 226 Judicial Review Over Disciplinary Orders: Delhi High Court Upholds Suspension of Insolvency Professional
The Delhi High Court clarified that Article 226 cannot be used to re-evaluate evidence in disciplinary matters and upheld strict standards of accountability for Insolvency Professionals.
10 hours ago5 min read


Admission Under Section 7 Is Mandatory on Proof of Debt and Default: Supreme Court Reaffirms the Narrow Vidarbha Exception
The Supreme Court reaffirmed that admission of a Section 7 application is mandatory once debt and default are proved, restricting the Vidarbha discretion strictly to exceptional circumstances and restoring certainty to IBC jurisprudence.
3 days ago6 min read


Belated Modification of an Approved Resolution Plan Is Not Maintainable, Even by Dissenting Secured Financial Creditors
The NCLAT held that once a Resolution Plan is approved, its terms attain finality and no creditor, including a dissenting secured creditor, can seek belated modification of its distribution.
5 days ago6 min read


Promoter’s Undertaking to Infuse Funds Is Not a Guarantee under Section 126 Contract Act — Section 7 Application Rejected
The Supreme Court ruled that a promoter’s undertaking to infuse funds is not a guarantee under Section 126 of the Contract Act and cannot sustain a Section 7 IBC application without an express promise to discharge the debtor’s liability.
Jan 125 min read


Applicability of Section 10A to Post-Exclusion Operational Debt Crossing IBC Threshold—Section 9 Dismissal Set Aside
The NCLAT held that a Section 9 application could not be dismissed under Section 10A where post-exclusion operational debt independently met the IBC threshold, requiring adjudication on merits.
Jan 84 min read


NCLT Cannot Insert New Terms in CoC-Approved Resolution Plan: Unauthorised 5% Public Shareholding Clause Set Aside
NCLAT ruled that the Adjudicating Authority cannot insert new or unapproved terms while approving a resolution plan, holding that unauthorised equity restructuring violates the jurisdictional limits under the IBC.
Jan 53 min read


Security Amount Not Operational Debt: Section 9 Petition Dismissed for Failing IBC Threshold and Operational Debt Criteria
NCLT New Delhi dismissed a Section 9 petition, holding that a security amount provided for performance under a commercial agreement is not operational debt and Section 9 petitions are maintainable only if debt meets operational and statutory threshold criteria.
Jan 54 min read


Moratorium Bar on Post-CIRP Transfer of Corporate Debtor’s Vehicle: Registration Change Based on Pre-CIRP Agreement Held Void Under IBC
Post-CIRP transfer of a Corporate Debtor’s vehicle through registration change based on a sham pre-CIRP agreement was held void ab initio, with the NCLT reiterating the absolute bar imposed by Section 14(1)(b) of the IBC and warning of penal consequences for suspended directors.
Jan 54 min read


Acknowledgement by Principal Borrower Extends Limitation for Section 7 Proceedings Against Corporate Guarantors
NCLAT confirmed that principal borrower’s acknowledgment extends limitation for Section 7 proceedings against corporate guarantors, overriding prior limitation bar and COVID-19 exclusion.
Jan 44 min read


Terminated Redevelopment Agreement Not an Asset of Corporate Debtor; IBC Moratorium Cannot Revive Extinguished Contractual Rights
A redevelopment agreement terminated before CIRP does not survive as an asset of the corporate debtor, and Section 14 moratorium cannot be used to revive extinguished contractual rights or block statutory redevelopment approvals.
Dec 30, 20256 min read
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