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NCLAT Bars Section 9 IBC Plea for 10A Defaults; Tribunal Lacks Power to Change Default Dates
NCLAT ruled that Section 9 IBC applications cannot be maintained for defaults during the Section 10A suspension period and that Adjudicating Authorities lack power to modify default dates without a formal amendment by the applicant.
Sep 24, 20253 min read


Adjudicating Authority Lacks Power to Replace Resolution Professional as Liquidator Without Specific IBBI Recommendation under IBC Section 34
NCLAT ruled that the Adjudicating Authority cannot replace a Resolution Professional as liquidator without a specific IBBI recommendation, and a general advisory letter cannot serve as valid grounds for such action.
Sep 23, 20254 min read


NCLAT: EPFO’s Delayed PF Claim Filed During IBC Moratorium Not Enforceable; Resolution Plan Cannot Be Modified
NCLAT ruled that EPFO’s delayed provident fund claim, initiated during the IBC moratorium without a valid Section 7A order, was unenforceable and refused to allow modification of the approved resolution plan to include such claims.
Sep 21, 20254 min read


Suspension of Insolvency Professional for Excess Fees, Unapproved Outsourcing, and Delay under IBC Regulations
Delhi High Court ruled that an Insolvency Professional breaching IBC norms through excess fees, unapproved outsourcing, and delayed filings faces disciplinary suspension and recovery of improper payments.
Sep 19, 20254 min read


CoC’s Commercial Wisdom Shields Liquidation from Judicial Review under IBC Section 33(2)
NCLAT Chennai ruled that under Section 33(2) of the IBC, the Committee of Creditors’ decision to liquidate is conclusive and beyond judicial review after liquidation and creation of third-party rights.
Sep 19, 20253 min read


Balance Sheet Acknowledgement Extends Limitation for Section 7 IBC Even Without a Loan Agreement: NCLAT
NCLAT ruled that acknowledgment of debt in a company’s balance sheet extends limitation for Section 7 IBC proceedings, even without a formal loan agreement.
Sep 17, 20254 min read


Supreme Court Bars Speculative Homebuyers from Section 7 IBC, Clarifies Allottee Criteria
The Supreme Court ruled that speculative homebuyers with buyback or assured return agreements cannot invoke Section 7 of the IBC, affirming that only genuine allottees qualify to initiate insolvency proceedings.
Sep 16, 20254 min read


Personal Guarantors’ Hearing Rights and Natural Justice in Resolution Professional Report
The NCLAT Chennai Bench held that the Resolution Professional’s report under Section 99 of the IBC is recommendatory, and personal guarantors’ hearing rights apply only at Section 100 adjudication, validating proceedings without a Section 99 hearing.
Sep 13, 20254 min read


High Court Upholds IBC Moratorium, Strikes Down FEMA Asset Seizure
The Calcutta High Court clarified that the IBC moratorium bars asset seizure under FEMA during CIRP and post-liquidation, except against personally liable directors or officers.
Sep 12, 20254 min read


Unverified Homebuyer Claims Cannot Derail CoC-Approved Resolution Plan: NCLAT
The NCLAT clarified that once a Resolution Plan is approved by the CoC, disputed or unverified homebuyer claims cannot obstruct its implementation, reaffirming the IBC framework.
Sep 12, 20254 min read
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