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Supreme Court Upholds Homebuyers' Right to Possession in CIRP, Rejects Treatment as Belated Claims under Insolvency and Bankruptcy Code
The Supreme Court held that verified and admitted homebuyer claims in a CIRP cannot be downgraded as belated claims for mere refunds. Once recognised under the Resolution Plan approved by the CoC and confirmed under Section 31, such homebuyers are entitled to possession and conveyance of their units in accordance with the binding plan.
Oct 294 min read


Service of Section 95(4)(b) IBC Demand Notice Mandatory; Admitted Receipt by Guarantor Bars Technical Challenges
The Appellate Tribunal reiterated that service of a Section 95(4)(b) demand notice is a mandatory statutory precondition for initiating insolvency against personal guarantors; however, once receipt and knowledge are admitted, technical service objections cannot defeat the proceedings.
Oct 283 min read


IBC Resolution Plan Approval Extinguishes All Pre-Plan Government and Statutory Claims: Gujarat High Court
Once a resolution plan is approved under Section 31 IBC, all earlier statutory dues, including government tax claims, stand extinguished and cannot be enforced post-approval.
Oct 253 min read


Withdrawal of CIRP Post-CoC Constitution Requires 90% CoC Approval Under Regulation 30A(1)(b) of IBC
NCLAT held that once CoC is constituted, CIRP withdrawal must comply with Section 12A read with Regulation 30A(1)(b), requiring 90% CoC approval—pre-CoC settlements cannot override this requirement.
Oct 245 min read


Writ Jurisdiction Not Maintainable in SARFAESI Matters where Debts Recovery Tribunal has the Exclusive Remedy
Kerala High Court held that writ petitions under Article 226 are not maintainable in SARFAESI matters where an effective remedy before the DRT exists under Section 17.
Oct 174 min read
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