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Liquidator’s Fee Payable Only on Asset Realisation or Distribution: Fixed Monthly Remuneration Barred Without CoC or SCC Approval
The NCLAT clarified that a liquidator cannot claim fixed monthly remuneration without CoC or SCC approval, holding that fees under Regulation 4 of the Liquidation Regulations are payable only upon actual asset realisation or distribution.
Dec 22, 20253 min read


Financial Debt Established from Balance Sheet Entries Even Without a Loan Agreement: NCLAT Upholds Section 7 CIRP
The NCLAT held that balance sheet entries and acknowledgments can establish financial debt for Section 7 IBC even in the absence of a formal loan agreement.
Dec 21, 20255 min read


Section 9 IBC Applications Require Reasoned Orders After Notice: NCLAT Sets Aside Cryptic Rejection and Orders Remand
The NCLAT held that cryptic rejection of a Section 9 IBC application without notice or reasons is impermissible, and reasoned adjudication after hearing is mandatory.
Dec 21, 20254 min read


Section 32A IBC Overrides PMLA Attachment: Supreme Court Allows Partial Release of Attached Properties
The Supreme Court held that Section 32A IBC overrides PMLA attachment to enable restitution of properties to successful resolution applicants for protecting innocent home buyers, subject to statutory exceptions.
Dec 21, 20254 min read


Partial Disbursement Not a Ground to Reject Section 7 IBC Application: NCLAT
The NCLAT held that partial disbursement and valuation disputes are irrelevant once financial debt and default are proved, and admission of CIRP under Section 7 IBC is justified.
Dec 20, 20254 min read


Supreme Court Seeks Central Registrar’s Clarification on Cooperative Society’s Eligibility as Resolution Applicant Under IBC
The Supreme Court held that the Central Registrar must be impleaded to decide a cooperative society’s eligibility as a resolution applicant under the IBC, and no final plan approval can be granted pending such determination.
Dec 19, 20253 min read


Section 7 IBC Application Time-Barred: Pendency of DRT Proceedings Does Not Attract Section 14 Limitation Benefit
NCLAT held that a Section 7 IBC application filed beyond three years from the date of default is time-barred, and pendency of DRT proceedings does not justify exclusion of time under Section 14 of the Limitation Act.
Dec 19, 20253 min read


High Court Affirms Appellant’s Liability to Bear Official Liquidator’s Security Expenses in Company Winding-Up
Delhi High Court held that a company under winding up is liable to bear the Official Liquidator’s security expenses, as directors’ verified statements and undertakings are binding.
Dec 18, 20253 min read


Recall Amounting to Review Not Permissible After Dissolution: Applications Dismissed for Non-Prosecution Cannot Be Revived Under IBC
NCLAT Chennai held that applications dismissed for non-prosecution cannot be revived after dissolution, as recall would amount to an impermissible review under the IBC.
Dec 18, 20253 min read


Ownership Under SARFAESI Transfers Only on Sale Certificate: Section 96 IBC Interim Moratorium Bars Completion of Auction Sale
The Bombay High Court held that ownership under SARFAESI transfers only upon issuance of a sale certificate, and an interim moratorium under Section 96 IBC bars completion of an auction sale.
Dec 18, 20255 min read
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