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Recognition of Financial Debt Under IBC: NCLAT Upholds Loan Validity Based on Substance Over Form
NCLAT held that a financial debt can be recognized under IBC based on substance and evidence of lending, even without a formal loan agreement or sanction letter.
Oct 164 min read


NCLAT Upholds Rejection of Belated Provident Fund Claims Post-CoC Approval, Reinforces Finality of IBC Resolution Plan
NCLAT ruled that Provident Fund claims filed after CoC approval cannot be entertained under IBC, emphasizing the clean slate principle and the finality of approved Resolution Plans.
Oct 154 min read


NCLAT Sets Aside CIRP Admission Order for Lack of Hearing, Remands for Settlement Consideration Under IBC
NCLAT New Delhi ruled that an order admitting a Corporate Debtor to CIRP without granting a fair hearing must be set aside, and any subsequent settlement must comply with the Insolvency and Bankruptcy Code’s procedural safeguards.
Oct 153 min read


Section 9 IBC Application Must Exceed Financial Threshold Excluding Interest to Be Maintainable
NCLAT New Delhi held that a Section 9 IBC application must exceed the financial threshold excluding interest, and unsupported interest claims are not recoverable, rendering such petitions non-maintainable regardless of limitation.
Oct 143 min read


Financial Creditor Status Under IBC Demands Documented Payment and Timely Claim Submission
NCLAT New Delhi ruled that Financial Creditor status under IBC requires documentary proof of disbursement, and claims not admitted before resolution plan approval cannot be reopened, upholding finality in the insolvency process.
Oct 143 min read
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