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Reflected Homebuyer Claims Cannot Be Ignored in Resolution Plan Despite Belated Filing: NCLAT
The NCLAT held that a belatedly filed homebuyer claim cannot be ignored where the allotment and payments are reflected in the Corporate Debtor’s records, and such liabilities must be considered through an addendum to the resolution plan prior to its approval.
Dec 14, 20254 min read


High Court Sanctions One-Time Ex-Gratia Welfare Payment to Company Paid Staff from Official Liquidator’s Common Pool Fund
The High Court permitted a one-time ex-gratia welfare payment to Company Paid Staff of the Official Liquidator from surplus Common Pool Funds, holding that such equitable relief was permissible where no creditor interest was prejudiced and no precedent was created.
Dec 13, 20253 min read


Time-Barred CIRP Claims Cannot Be Revived After Final Rejection: NCLAT Affirms Limited Scope of Remand
CIRP claims earlier rejected as time-barred cannot be reopened on remand, as limitation finality and strict IBC timelines prevail; prospective Regulation 13(1B) amendments do not create new rights.
Dec 12, 20254 min read


CoC Remand Nullifies Prior Plan Approval: Homebuyer Claims Must Be Independently Re-evaluated Under IBC
In a significant clarification on homebuyer rights under the IBC, NCLAT ruled that once a resolution plan is remanded to the CoC, the earlier approval stands nullified. The Adjudicating Authority must independently examine all pending homebuyer claims, and rejection based solely on the previous CoC approval is contrary to the remand directions and legally untenable.
Dec 11, 20254 min read


Debt Acknowledgement in Balance Sheets Extends Limitation Against Guarantor under Section 95 IBC
NCLAT ruled that acknowledgment of outstanding dues in balance sheets constituted a valid statutory acknowledgment under Section 18 of the Limitation Act. Since the guarantee remained continuing, the limitation period against the guarantor stood extended, making initiation of insolvency proceedings under Section 95 maintainable.
Dec 11, 20254 min read


Mediation Settlement Remains Binding Despite Subsequent Coercion Allegations and Absence of Supporting Annexures
NCLAT upheld that consent terms signed post-mediation are enforceable, rejecting later claims of coercion or incomplete annexures, reinforcing the binding nature of settlements in company disputes.
Dec 10, 20254 min read


Section 9 CIRP Petition Not Maintainable Where Invoice Liability Is Disputed and Debt Not Crystallised
A Section 9 CIRP petition was ruled non-maintainable where dispute existed over invoice reconciliations and appropriation of payments, as insolvency cannot adjudicate contested claims.
Dec 10, 20254 min read


Liquidation Sale: Successful Bidder Liable for 12% Interest on Delayed Balance Consideration
The Appellate Tribunal held that delayed payment of confirmed auction consideration in liquidation attracts mandatory interest and bidders cannot seek exemption after accepting “as-is-where-is” sale conditions.
Dec 10, 20254 min read


Section 9 IBC Upholds CIRP Initiation for Undelivered Goods Despite Advance Payment and Disputed Claims
NCLAT, New Delhi upheld CIRP under Section 9 IBC, ruling that advance payment for undelivered goods constitutes operational debt, and the absence of pre-existing dispute validates insolvency proceedings.
Dec 9, 20254 min read


Unsecured High-Value Transactions During Pending Insolvency Held Fraudulent Under Section 66 IBC
Executing unsecured high-value transactions during ongoing insolvency, without reasonable expectation of recovery and contrary to commercial prudence, was held to constitute fraudulent and wrongful trading under Section 66 IBC.
Dec 8, 20253 min read
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