top of page
Search


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.
Nov 15, 20253 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.
Nov 14, 20254 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.
Nov 13, 20254 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.
Nov 13, 20254 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.
Nov 12, 20253 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 10, 20254 min read


NCLAT Sets Aside Adjudicating Authority Order: EPFO Claims During CIRP Moratorium Unenforceable
NCLAT held that EPFO claims arising during CIRP moratorium under Section 14 IBC are unenforceable and cannot be admitted against the Corporate Debtor.
Nov 9, 20254 min read


NCLAT Rules: Suspended Director Lacks Locus under CIRP; Moratorium under IBC Does Not Bar Adjudicating Authority from Allowing Arbitral Counterclaim
NCLAT ruled that a suspended director has no locus during CIRP and clarified that moratorium under Section 14 IBC does not bar the Adjudicating Authority from allowing arbitral counterclaims.
Nov 8, 20253 min read


NCLAT: Subsequent Agreements Cannot Nullify Existing Corporate Guarantee under IBC
NCLAT ruled that subsequent financial agreements cannot nullify existing corporate guarantees where sanction letters ensure their continuity, and insufficiency of stamp duty does not render a Section 7 IBC proceeding invalid.
Nov 8, 20254 min read


Section 9 Application Dismissed: Pre-Existing Dispute and Pending Civil Suit Bar Initiation of IBC Proceedings
NCLAT held that a Section 9 application under the IBC cannot proceed where a pre-existing dispute exists, including pending civil suits, and the Corporate Debtor’s notice of dispute bars the initiation of insolvency proceedings.
Nov 8, 20253 min read
bottom of page