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NCLAT Upholds Presumption of Notice Service Under Section 27 and Allows Personal Insolvency Proceedings Alongside CIRP
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.
Aug 27, 20253 min read


NCLAT Affirms Upfront Full Payment of Liquidation Value to Dissenting Financial Creditors Under Approved Resolution Plan
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.
Aug 26, 20254 min read


NCLAT Rules Appeal Against Liquidator Fee Directions Infructuous After SCC Fixes Remuneration
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.
Aug 26, 20253 min read


NCLAT Rules Adjudicating Authority Can Enforce Arbitral Award During CIRP Despite MSME and Arbitration Act Objections
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.
Aug 25, 20254 min read


NCLAT Bars Lender’s Ownership Claim on Loan Amount Once Disbursed Under CIRP
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.
Aug 25, 20254 min read


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
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