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IBBI Mandates Standard Undertaking for Restitution of ED-Attached Assets Under PMLA
The IBBI has mandated Insolvency Professionals to submit a standard undertaking before PMLA Special Courts when seeking restitution of ED-attached assets, aligning IBC and PMLA compliance frameworks for greater transparency and value realization.
Nov 6, 20252 min read


Unsuccessful Resolution Applicant Has No Locus to Challenge the Approved Plan under IBC, Rules NCLAT
The NCLAT held that an unsuccessful resolution applicant who did not submit a final plan during the challenge process has no locus to challenge the approved resolution plan, reiterating the sanctity of the Committee of Creditors’ commercial wisdom under the IBC.
Nov 6, 20254 min read


Winding-Up Proceedings Not Irreversible Must Be Transferred to NCLT under IBC, Rules Delhi High Court
The Delhi High Court directed that winding-up proceedings which have not reached an irreversible stage must be transferred to the NCLT under the Insolvency and Bankruptcy Code, 2016, to ensure effective resolution and value maximization.
Nov 5, 20254 min read


Auction Purchaser Not Liable for Past Electricity Dues: IBC Overrides Electricity Act, Rules Allahabad High Court
The Allahabad High Court ruled that an auction purchaser under liquidation proceedings cannot be compelled to pay the previous electricity dues of the corporate debtor, reaffirming that Section 238 of the IBC overrides the provisions of the Electricity Act and Supply Code.
Nov 4, 20254 min read


NCLAT Rules: Section 7 Admission Justified When Debt and Default Are Clearly Established Despite Disputed Claims
NCLAT upheld the admission of a Section 7 IBC petition, ruling that clear documentary proof of debt and default cannot be defeated by speculative disputes or unsubstantiated claims of tampering.
Nov 4, 20254 min read


IRP Fees Without CoC Approval Illegal: NCLAT Orders Refund of Unratified Withdrawals
The NCLAT held that the Interim Resolution Professional’s withdrawal of fees without CoC ratification was impermissible and directed refund of such amounts, ruling that IRP fees must adhere to Regulation 33 of the CIRP Regulations and any unratified claim is illegal under the IBC framework.
Nov 3, 20254 min read


Approved Resolution Plan Overrides BIFR Scheme: NCLAT Declares All Prior Concessions Extinguished Under IBC
The NCLAT, New Delhi, ruled that an approved resolution plan under the IBC supersedes all prior SICA rehabilitation schemes, declaring that any concessions not incorporated within such plan are extinguished and cannot be revived.
Nov 3, 20254 min read


Final and Binding: Supreme Court Affirms Resolution Plan's Finality and Prohibits Claim Reopening
The Supreme Court ruled that an approved resolution plan under the IBC is final and binding on all stakeholders, disallowing any reopening of claims or questioning of the CoC’s commercial judgment.
Nov 3, 20254 min read


Resolution Plan Valuation Challenge Rejected: NCLAT Upholds Committee of Creditors’ Commercial Wisdom and Bars Suspended Director’s Locus Standi
NCLAT reaffirmed that suspended directors lack the locus to challenge approved resolution plans, holding that the Committee of Creditors’ commercial wisdom under the IBC remains non-justiciable and immune from appellate interference.
Nov 3, 20255 min read


Transfer of Winding-Up Proceedings to NCLT Permissible Until Irreversible Steps Are Taken: Delhi High Court Reaffirms Primacy of IBC Framework
The Delhi High Court held that winding-up proceedings pending before the High Court may be transferred to the NCLT under Section 434(1)(c) of the Companies Act, 2013, unless irreversible steps like asset sale have occurred, reaffirming the primacy of the IBC framework in corporate insolvency matters.
Nov 2, 20255 min read
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