News (Corporate)

IBBI Proposes Mandatory Minimum Shareholding for Directors and Partners in Insolvency Professional Entities to Strengthen Governance

The IBBI’s 17 November 2025 Discussion Paper proposes mandatory minimum shareholding requirements for directors and partners of Insolvency Professional Entities, aiming to strengthen governance, accountability, and professional independence across India’s insolvency ecosystem.

19 hours ago4 min read

CRPS Are Share Capital, Not Financial Debt: Supreme Court Bars Section 7 IBC Initiation

The Supreme Court ruled that Cumulative Redeemable Preference Shares (CRPS) issued in satisfaction of past dues are share capital and not financial debt, as their redemption is restricted under Section 55 of the Companies Act. With no default occurring, the CRPS holder lacked standing to initiate proceedings under Section 7 of the IBC.

1 day ago5 min read

Supreme Court Transfers Pending IBC Appeal to NCLAT Principal Bench Amid Allegations of Attempted Judicial Influence

The Supreme Court directed that a pending IBC appeal be transferred from the NCLAT Chennai Bench to the NCLAT Principal Bench to ensure fair adjudication, clarifying that allegations of attempted judicial influence would be addressed separately at the administrative level by the Chief Justice of India.

2 days ago3 min read

NCLAT Affirms Statutory Tax Charge as Secured Interest under GVAT, Upholding Priority Distribution under IBC

The NCLAT ruled that the statutory first charge created under Section 48 of the GVAT Act constitutes a security interest under the IBC, entitling the State Tax Department to priority distribution for undistributed amounts even after approval of the resolution plan.

2 days ago5 min read

IBBI Proposes Comprehensive Reform of Valuation Framework to Strengthen Transparency and Standardisation under the IBC

The IBBI has proposed sweeping reforms to standardise valuation practices under the IBC, including uniform reporting formats, harmonised standards, recognition of intangibles and synergies, and a streamlined valuer appointment system.

4 days ago3 min read

Restoration of Cancelled Lease Vital for Corporate Debtor’s Resolution; NCLT Exclusive Jurisdiction Affirmed under IBC

The Allahabad High Court held that disputes relating to the restoration of a cancelled lease essential for the Corporate Debtor’s resolution process fall within the NCLT’s exclusive jurisdiction under Section 60(5) of the IBC, rendering writ challenges non-maintainable.

4 days ago4 min read

Possession Disputes During Liquidation Fall Within NCLT’s Exclusive Jurisdiction: High Court Dismisses Writ as Non-Maintainable

The Gujarat High Court ruled that possession disputes during liquidation fall exclusively under the NCLT’s jurisdiction and writ petitions against such orders are non-maintainable.

5 days ago4 min read

Consumer Proceedings Initiated During IBC Moratorium Held Void: Bombay High Court Quashes Orders Passed Against Corporate Debtor

The Bombay High Court ruled that consumer or recovery proceedings initiated during the IBC moratorium are void once a resolution plan is approved under Section 31 of the Code.

6 days ago4 min read

Adjudicating Authority Cannot Presume Waiver of Oral Hearing When Pass Over Is Requested: NCLAT

NCLAT clarified that a mere request for pass over cannot be treated as waiver of oral hearing and directed that the principles of natural justice must be strictly upheld in adjudicatory proceedings.

7 days ago3 min read

NCLAT Sets Aside Adjudicating Authority’s Order: CoC-Approved Sale under Regulation 29 Held Valid and Binding

NCLAT ruled that the Adjudicating Authority cannot intervene in a CoC-approved sale under Regulation 29 of the CIRP Regulations when the sale process complies with the IBC framework and reflects the CoC’s commercial wisdom.

Nov 104 min read