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Withdrawal of CIRP Post-CoC Constitution Requires 90% CoC Approval Under Regulation 30A(1)(b) of IBC
NCLAT held that once CoC is constituted, CIRP withdrawal must comply with Section 12A read with Regulation 30A(1)(b), requiring 90% CoC approval—pre-CoC settlements cannot override this requirement.
Oct 24, 20255 min read


Recognition of Financial Debt Under IBC: NCLAT Upholds Loan Validity Based on Substance Over Form
NCLAT held that a financial debt can be recognized under IBC based on substance and evidence of lending, even without a formal loan agreement or sanction letter.
Oct 16, 20254 min read


NCLAT Upholds Rejection of Belated Provident Fund Claims Post-CoC Approval, Reinforces Finality of IBC Resolution Plan
NCLAT ruled that Provident Fund claims filed after CoC approval cannot be entertained under IBC, emphasizing the clean slate principle and the finality of approved Resolution Plans.
Oct 15, 20254 min read


NCLAT Sets Aside CIRP Admission Order for Lack of Hearing, Remands for Settlement Consideration Under IBC
NCLAT New Delhi ruled that an order admitting a Corporate Debtor to CIRP without granting a fair hearing must be set aside, and any subsequent settlement must comply with the Insolvency and Bankruptcy Code’s procedural safeguards.
Oct 15, 20253 min read


Section 9 IBC Application Must Exceed Financial Threshold Excluding Interest to Be Maintainable
NCLAT New Delhi held that a Section 9 IBC application must exceed the financial threshold excluding interest, and unsupported interest claims are not recoverable, rendering such petitions non-maintainable regardless of limitation.
Oct 14, 20253 min read


Financial Creditor Status Under IBC Demands Documented Payment and Timely Claim Submission
NCLAT New Delhi ruled that Financial Creditor status under IBC requires documentary proof of disbursement, and claims not admitted before resolution plan approval cannot be reopened, upholding finality in the insolvency process.
Oct 14, 20253 min read


Claims Must Be Supported by Valid Documents; Agreements by Disqualified Directors Are Unenforceable: NCLAT Upholds Resolution Plan Sanctity
NCLAT ruled that CIRP claims must be backed by valid documents and timely submitted, and agreements by disqualified directors or sister concerns lacking privity are unenforceable, thereby upholding the sanctity of the resolution plan.
Oct 13, 20253 min read


Legality of Liquidation Filing Post-CIRP Expiry: Upholding Committee of Creditors’ Commercial Wisdom and Insolvency Code Compliance
The NCLAT, New Delhi, held that once the CIRP period expires without an approved resolution plan, the Resolution Professional is empowered to file for liquidation with the Committee of Creditors’ consent, and the CoC’s commercial wisdom—including abstention from voting—remains beyond judicial review under the IBC framework.
Oct 12, 20254 min read


RBI’s 15-Day Banking Rule: Ensuring Faster Claim Settlements and Enhanced Customer Experience
RBI’s 15-day banking rule mandates all banks to process key requests and claim settlements within 15 calendar days, strengthening transparency, accountability, and customer trust.
Oct 12, 20253 min read


Limitation Bar on Section 7 IBC Applications Where Prior Valid DRT Proceedings Exist — Section 14 Limitation Act Inapplicable
NCLAT held that Section 14 of the Limitation Act cannot be applied to extend limitation for a Section 7 IBC application where prior DRT proceedings were validly instituted, rendering such applications time-barred.
Oct 10, 20253 min read
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