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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


Back Wages Cannot Be Defeated by Liquidation: Karnataka High Court Orders Release of Deposited Amount to Workman
The Karnataka High Court held that liquidation cannot extinguish a workman’s vested entitlement to back wages crystallised under an award, and ordered release of the deposited amount with interest.
Nov 26, 20253 min read


Defective Affidavit Not Ground to Reject Section 7 IBC Petition Without Mandatory Notice: Supreme Court
The Supreme Court held that affidavit defects in a Section 7 IBC filing are curable and cannot justify rejection unless the Adjudicating Authority first issues mandatory notice under Section 7(5)(b).
Nov 26, 20254 min read


Breach of Settlement Not Operational Debt: CIRP Held Non-Maintainable: NCLT Kolkata
NCLT Kolkata held that breach of a settlement agreement cannot revive an extinguished operational debt and therefore cannot be used to trigger CIRP under Section 9 of the IBC.
Nov 25, 20254 min read


Supreme Court Reveals Attempt by Retired High Court Chief Justice to Influence NCLAT Judge; Accountability Now Rests with New CJI Surya Kant
The outgoing Chief Justice of India disclosed that a retired High Court Chief Justice had attempted to influence a judicial member of the NCLAT in a corporate matter. As the implicated judge retired before a formal inquiry could be commenced, the issue has been placed before the new CJI Surya Kant for administrative action.
Nov 24, 20253 min read


IBBI Issues Second Guidelines for Preparation of Panel of Insolvency Professionals for Appointments from January to June 2026
The Insolvency and Bankruptcy Board of India on 21 November 2025 issued the Second Guidelines for preparing a structured panel of Insolvency Professionals for appointments from January to June 2026. The framework standardises eligibility, zonal distribution, AFA validity, sorting criteria, and acceptance obligations, aiming to reduce delays and strengthen the efficiency of appointments under the IBC.
Nov 22, 20255 min read
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