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.

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.

NCLAT set aside the admission of a Section 9 petition after finding that the Adjudicating Authority failed to consider a clear pre-existing dispute evidenced in the Section 8 reply and related emails.

NCLAT held that delay in submitting an EoI, when duly condoned without altering eligibility norms, does not constitute a material irregularity and restored the CoC-approved resolution plan.

The Karnataka High Court held that liquidation cannot extinguish a workman’s vested entitlement to back wages crystallised under an award, and ordered release of the deposited amount with interest.

The Supreme Court held that affidavit defects in a Section 7 IBC filing are curable and cannot justify rejection unless the Adjudicating Authority first issues mandatory notice under Section 7(5)(b).

NCLT Kolkata held that breach of a settlement agreement cannot revive an extinguished operational debt and therefore cannot be used to trigger CIRP under Section 9 of the IBC.