NCLAT clarified that an application under Section 95 of the IBC against a personal guarantor is maintainable even when no CIRP or liquidation proceedings are pending against the corporate debtor.

NCLAT clarified that a Section 9 IBC application cannot be admitted when email correspondence and unresolved account reconciliation indicate a pre-existing dispute between the parties.

NCLAT ruled that a Section 9 IBC petition can be revived if a settlement agreement explicitly provides for restoration in the event of default.

NCLAT held that petitions alleging fraudulent CIRP under Section 65 cannot be dismissed for lack of locus and must be evaluated on merits by the Adjudicating Authority.

NCLAT ruled that late EoIs cannot be entertained once CoC opts for liquidation, reaffirming that such decisions fall under the commercial wisdom of the CoC.

NCLAT held that statutory notices sent to the last known address are presumed valid under Section 27 and affirmed the permissibility of simultaneous insolvency proceedings against corporate debtors and their personal guarantors.and affirmed the permissibility of simultaneous insolvency proceedings against corporate debtors and their personal guarantors.

NCLAT confirmed that dissenting financial creditors are entitled to receive their entire liquidation value upfront and in priority over assenting creditors if provided in the resolution plan.upfront and in priority over assenting creditors if provided in the resolution plan.

NCLAT held that an appeal against NCLT’s directions on liquidator remuneration becomes infructuous once the SCC fixes the fees, leaving no cause for further adjudication.

NCLAT held that the Adjudicating Authority can enforce an MSME Act arbitral award during CIRP under Section 60(5) of the IBC, overriding objections under the Arbitration Act.

NCLAT ruled that once a loan amount is disbursed to a corporate debtor, lenders cannot claim ownership, as such funds become part of the debtor’s assets under CIRP.