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NCLAT Affirms: Financial Creditor’s Project Oversight Does Not Nullify Corporate Debtor’s Default Under Section 7 IBC
NCLAT affirmed that the financial creditor’s oversight and involvement in the project through the Project Monitoring Committee does not...
May 20, 20253 min read


Uninvoked Guarantees Are Not Admissible Claims Under CIRP: NCLAT Affirms Strict Cut-Off for Debt Maturity
NCLAT held that uninvoked corporate guarantees cannot form the basis of an admissible claim under the CIRP, affirming that only debts...
May 19, 20253 min read


NCLAT Upholds Indian Bank’s Right to Initiate Insolvency Proceedings Despite Majority Lenders’ Assignment to NARCL
The NCLAT upheld the Indian Bank’s right to initiate insolvency proceedings under Section 7 of the IBC, despite the fact that a majority...
May 19, 20253 min read


NCLAT Upholds Validity of Right of First Refusal (RoFR) Granted to Anchor Bidder Under Swiss Challenge Mechanism in Liquidation Process
The NCLAT upheld the validity of granting the Right of First Refusal to the anchor bidder under the Swiss Challenge Mechanism in the...
May 19, 20253 min read


NCLAT Invalidates CIRP Initiation Due to Non-Compliance with Debenture Trust Deed and Limitation Bar
The NCLAT invalidated the initiation of the Corporate Insolvency Resolution Process (CIRP) due to non-compliance with the Debenture Trust...
May 18, 20253 min read


Extinguishment of Pre-CIRP Claims Post Resolution Plan Approval: DVC Barred from Recovery Beyond Plan Allocation
NCLAT held that upon approval of the Resolution Plan, all pre-CIRP claims stood extinguished, thereby barring DVC from recovering any...
May 17, 20253 min read


Threshold for Section 9 IBC Application to Be Determined on Date of Filing, Not Admission: NCLAT
NCLAT held that the threshold for a Section 9 application under the Insolvency and Bankruptcy Code, 2016, must be determined on the date...
May 15, 20253 min read


Supreme Court Reaffirms: NCLAT Cannot Condonate Delay Beyond 45 Days Under Section 61(2) of the IBC
The Supreme Court reaffirmed that the NCLAT cannot condone any delay beyond 45 days under Section 61(2) of the Insolvency and Bankruptcy...
May 9, 20253 min read


No Operational Debt for Director Without Independent Remuneration Approval; Pre-Existing Dispute Bars Section 9 IBC Petition
NCLAT held that no operational debt arises in favour of a director in the absence of independent board-approved remuneration, and that...
May 8, 20253 min read


The NCLT cannot reject a duly approved resolution plan and order liquidation of the corporate debtor; NCLAT Sets Aside NCLT’s Liquidation Order
The NCLAT set aside the NCLT’s liquidation order on the grounds that it was passed without issuing notice to the resolution applicant and...
May 7, 20253 min read
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