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Set-Off of Mutual Dues Allowed During CIRP Moratorium Under IBC – NCLAT Clarifies Operational Creditor Rights
The Appellate Tribunal clarified that an Operational Creditor may claim set-off of admitted mutual dues while filing Form-B during CIRP, even during the moratorium, provided such dues are undisputed, quantifiable and arise from identifiable transactions.
Dec 1, 20254 min read


Information Utility Upload Alone Cannot Extend Limitation: Distinct Invoices Remain Time-Barred Under Section 9 CIRP
The NCLAT ruled that IU uploads cannot extend limitation for independent invoices under Section 9 of the IBC. Each invoice forms a distinct cause of action, and partial payments or invoice-specific acknowledgments cannot revive claims barred by limitation, making the petition time-barred.
Dec 1, 20254 min read


Section 32A Cannot Undo Pre-CIRP PMLA Attachments: NCLAT Restricts Insolvency Immunity to Statutory Limits
Section 32A immunity under the IBC does not override PMLA attachments that were validly imposed and attained finality before commencement of CIRP; only PMLA authorities can grant relief, and NCLT/NCLAT cannot order their release.
Nov 30, 20255 min read


Execution of Sale Deed Upheld Under IBC: NCLAT Confirms Completed Transaction Leaves Legal Heir With No Rights
The NCLAT confirmed that a fully completed property transfer—backed by registered documents, payment and possession—left no surviving rights for the legal heir, thereby validating the Adjudicating Authority’s direction under Section 60(5) to execute the Sale Deed during resolution plan implementation.
Nov 29, 20255 min read


NCLAT Sets Aside NCLT Section 9 Admission, Confirms Pre-Existing Dispute Prevents Enforcement
NCLAT held that a bona fide pre-existing dispute bars Section 9 admission and the Adjudicating Authority’s role is limited to assessing plausibility.
Nov 28, 20254 min read


Unexecuted Sale Agreement: Property Retains Status in Liquidation Estate, Title Deeds Recoverable
NCLAT held that property under an unexecuted sale agreement remains part of the liquidation estate, and the Liquidator may recover the original title deeds.
Nov 28, 20254 min read


Failure to Prove Time-Value Disbursal Defeats Section 7 Claim: Financial Debt Not Established under IBC
NCLAT held that absence of proof of time-value disbursal, repayment triggers, or default prevented classification of the transaction as a financial debt under Section 5(8) IBC.
Nov 28, 20254 min read


Recourse Factoring Classified as Financial Debt: NCLAT Upholds Section 7 Admission
NCLAT held that recourse factoring supported by an irrevocable undertaking constitutes a financial debt under Section 5(8)(e), affirming admission of the Section 7 application.
Nov 27, 20254 min read


NCLAT Quashes Section 9 CIRP Admission for Ignoring Clear Pre-Existing Dispute Raised in Section 8 Reply
NCLAT set aside the admission of a Section 9 petition after finding that the Adjudicating Authority failed to consider a clear pre-existing dispute evidenced in the Section 8 reply and related emails.
Nov 27, 20254 min read


Delay in EoI Submission Not a Material Irregularity: NCLAT Restores CoC-Approved Resolution Plan
NCLAT held that delay in submitting an EoI, when duly condoned without altering eligibility norms, does not constitute a material irregularity and restored the CoC-approved resolution plan.
Nov 27, 20254 min read
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