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NCLAT Upholds CoC’s Exclusive Authority on Fee Determination, Bars Fresh Challenge
NCLAT held that CoC exclusively determines CIRP fees and expenses, and once approved, subsequent challenges are barred, reinforcing CoC’s autonomy under IBC.
Aug 25, 20253 min read


Failure to Implement Resolution Plan Within Stipulated Timeline Leads to PBG Encashment and CIRP Revival: NCLAT
NCLAT held that delay in implementing an approved resolution plan justifies PBG encashment and CIRP revival, reinforcing timely compliance as a core IBC mandate.
Aug 24, 20254 min read


Loan Assignment in Violation of RBI Directions Nullifies Section 7 IBC Plea, Rules NCLAT
NCLAT held that a Section 7 IBC petition is invalid if based on a loan assignment that breaches RBI guidelines, rendering the financial debt claim unenforceable.
Aug 24, 20254 min read


No Exit After CIRP Starts: NCLAT Upholds CoC’s Supremacy Over Section 12A Withdrawal
NCLAT held that after CIRP begins, withdrawal under Section 12A cannot rely on a settlement with a single creditor if other admitted claims exist, emphasising CoC’s supremacy.
Aug 24, 20254 min read


NCLAT Rules Section 9 IBC Petition Inadmissible for Default During Section 10A Bar and Below ₹1 Crore Threshold
NCLAT ruled that a Section 9 IBC petition is inadmissible if the default falls during the Section 10A bar period and recalculated claims fall below ₹1 crore; continuing CIRP after settlement is misuse.
Aug 23, 20254 min read


Allahabad High Court Upholds YEIDA’s Power to Cancel Land Allotment Despite Executed Lease Deeds
Allahabad High Court upheld YEIDA’s statutory power to cancel land allotment, ruling that Section 14 of the U.P. Industrial Area Development Act overrides executed lease deeds and partial payment claims.
Aug 23, 20254 min read


NCLT Hyderabad Holds Section 7 IBC Petition Not Maintainable Against Financial Service Provider
NCLT Hyderabad held that Section 7 IBC petition is not maintainable against a SEBI-registered stock broker, as such entities qualify as Financial Service Providers excluded from IBC.
Aug 22, 20254 min read


Legal Consultancy Fee Claims Under IBC Require Credible Proof; Unsupported Invoices Not Admissible in CIRP: NCLAT
NCLAT held that legal consultancy fee claims in CIRP must be supported by credible proof beyond invoices or engagement letters, as unsupported claims cannot be admitted under IBC.
Aug 22, 20253 min read


SRA Has Procedural Liberty Only, Not Entitlement, to Seek Lease Renewal Under IBC; Final Approval Lies with the State; NCLAT Rules
NCLAT held that an SRA under the IBC has only procedural liberty, and not an enforceable right, to seek renewal of expired leases, as the decision to grant renewal lies exclusively with the State Government.
Aug 21, 20254 min read


NCLAT Rules Interest on Lease Rent Not Recoverable as CIRP Cost Absent Contractual Clause Under IBC
NCLAT ruled that interest on lease rent cannot be recovered as CIRP cost under the IBC without an express contractual clause, holding that unilateral invoice claims lack enforceability.
Aug 20, 20253 min read
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