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Amit Kumar Kejriwal v. UCO Bank and Another, REEDLAW 2026 NCLAT Del 02546
The NCLAT held that a Form B demand notice cannot substitute invocation of a personal guarantee and that proceedings under Section 95 IBC against a personal guarantor are not maintainable without prior contractual invocation.
Feb 131 min read
Personal Insolvency Proceedings Under Section 95 IBC Require Prior Invocation of Guarantee: NCLAT
The NCLAT held that a Form B demand notice cannot substitute invocation of a personal guarantee and that proceedings under Section 95 IBC against a personal guarantor are not maintainable without prior contractual invocation.
Feb 133 min read
Harish Kumar Mittal v. State Bank of India and Another, REEDLAW 2026 NCLAT Del 02529
The NCLAT, New Delhi ruled that admission of personal insolvency proceedings under the IBC without considering a reply on record and submissions advanced violates principles of natural justice and cannot be sustained in law.
Feb 121 min read
Admission of Personal Insolvency Proceedings Without Considering Reply Violates Principles of Natural Justice: NCLAT
The NCLAT, New Delhi ruled that admission of personal insolvency proceedings under the IBC without considering a reply on record and submissions advanced violates principles of natural justice and cannot be sustained in law.
Feb 122 min read
RR Securities and Finance Private Limited v. Rishabh Chand Lodha, REEDLAW 2026 NCLAT Del 02520
The NCLAT, New Delhi clarified that insolvency proceedings cannot be invoked to enforce contingent or inchoate rights arising from unregistered redevelopment agreements, defective guarantees, or assignments lacking crystallised obligations.
Feb 111 min read
Contingent Rights Under Property-Linked Agreements Do Not Create Enforceable Claims in CIRP: NCLAT
The NCLAT, New Delhi clarified that insolvency proceedings cannot be invoked to enforce contingent or inchoate rights arising from unregistered redevelopment agreements, defective guarantees, or assignments lacking crystallised obligations.
Feb 112 min read
West Bengal Housing Infrastructure Development Corporation Limited v. Kshitiz Chhawchharia, Liquidator, REEDLAW 2025 NCLAT Del 10564
The NCLAT held that leasehold rights vested in a Corporate Debtor constitute intangible assets forming part of the liquidation estate under the IBC and may be validly controlled and sold by the Liquidator despite ownership of land vesting with the lessor.
Feb 91 min read
Leasehold Rights Transferred by Amalgamation Constitute Liquidation Estate Assets under IBC
The NCLAT held that leasehold rights vested in a Corporate Debtor constitute intangible assets forming part of the liquidation estate under the IBC and may be validly controlled and sold by the Liquidator despite ownership of land vesting with the lessor.
Feb 93 min read
Vinita Agarwala and Others v. Power Pack Steel Industries Private Limited, REEDLAW 2026 NCLAT Del 02502
The NCLAT held that violation of deposit provisions under the Companies Act does not render an interest-bearing loan unenforceable or bar insolvency proceedings under Section 7 of the IBC.
Feb 81 min read
Violation of Companies Act Deposit Provisions Cannot Defeat Section 7 IBC Proceedings Where Financial Debt Is Established
The NCLAT held that violation of deposit provisions under the Companies Act does not render an interest-bearing loan unenforceable or bar insolvency proceedings under Section 7 of the IBC.
Feb 83 min read
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