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Pre-Existing Contractual Dispute Bars Section 9 IBC Petition – NCLAT Upholds Adjudicating Authority Order
NCLAT upheld that pre-existing contractual disputes bar Section 9 IBC petitions; both debt and default must be undisputed to trigger CIRP.
Sep 8, 20253 min read


Enforceability of Personal Guarantee Affirmed; Pending Recovery Does Not Bar Section 95 IBC Action
NCLAT affirmed that personal guarantees covering existing credit facilities are enforceable even without fresh disbursement, and pending recovery proceedings do not bar Section 95 insolvency action under the IBC.
Sep 8, 20254 min read


Ex-Post Facto Approval for Criminal Complaints by Liquidator Against Ex-Management Upheld: NCLAT
NCLAT held that Adjudicating Authorities can grant ex-post facto approval for criminal complaints filed by liquidators against ex-management if necessary to protect the corporate debtor’s assets and connected to prior authorized proceedings.
Sep 5, 20253 min read


Bank of Baroda Classifies Reliance Communications and Anil Ambani Loan Accounts as Fraud
Bank of Baroda has classified the loan accounts of Reliance Communications and Anil Ambani as fraudulent, citing forensic audit findings of irregularities and suspected fund diversion amid ongoing IBC proceedings and regulatory scrutiny.
Sep 5, 20252 min read


NCLT Empowered to Examine Fraud and Gift Deed Validity in Oppression and Mismanagement Cases: Supreme Court
Supreme Court affirms that NCLT can examine fraud and gift deed validity in oppression and mismanagement cases, overturning NCLAT’s restrictive interpretation.
Sep 4, 20254 min read


Non-Obstante Clause in Corporate Guarantee Does Not Bar Liability for Default Interest Beyond Capped Amount
NCLAT clarified that a non-obstante clause in a corporate guarantee capping liability does not bar the guarantor from paying default interest beyond the capped amount, reinforcing contractual obligations.
Sep 3, 20253 min read


Refund of Security Deposit Not to be Treated as Acknowledgement of Debt; Section 9 IBC Application Barred by Limitation: NCLAT
NCLAT ruled that refund of security deposit does not extend limitation under Section 19 of the Limitation Act; therefore, the Section 9 IBC application was time-barred.
Sep 3, 20253 min read


SC Collegium Recommends 26 Judges for Allahabad HC, Including SC Lawyers Garima Prashad & Swarupama Chaturvedi
The Supreme Court Collegium, on 1 September 2025, recommended the appointment of 26 individuals as judges of the Allahabad High Court, including four women and a balanced representation from the Bar and judiciary.
Sep 3, 20252 min read


No Power to Recall Summoning Order in Revision; SICA Not a Shield Against Section 138 NI Act
In a judgment pronounced today, the Supreme Court ruled that revisional courts cannot recall summoning orders in Section 138 NI Act cases and clarified that SICA protection cannot shield against cheque dishonour prosecutions.
Sep 3, 20253 min read


Misuse of Insolvency Framework: Repetitive Section 94 Petitions Cannot Stall SARFAESI Recovery
In an order passed today, NCLAT New Delhi ruled that repeated Section 94 IBC petitions after prior dismissal amount to misuse of the insolvency process and cannot stall SARFAESI recovery or invoke moratorium.
Sep 2, 20253 min read
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