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Borrower’s Redemption Rights Extinguished on Auction Notice Under Amended Section 13(8) SARFAESI Act
NCLAT ruled that a borrower’s redemption right under amended Section 13(8) of the SARFAESI Act ends once the auction notice is issued, rendering subsequent sales immune from challenge under the IBC even during moratorium, thereby safeguarding secured creditor actions and public auction integrity.
Oct 95 min read


Interim Resolution Professional Cannot Claim Fees or Expenses During Stay of CIRP Proceedings: NCLT Bengaluru
The NCLT, Bengaluru Bench, held that an IRP cannot claim fees during the period CIRP proceedings are stayed and that closure due to settlement is not a withdrawal under Section 12A of the IBC.
Oct 94 min read


Adjudicating Authority Cannot Interfere with CoC’s Commercial Wisdom Once Resolution Plan Meets IBC Compliance: NCLT Mumbai
The NCLT, Mumbai Bench, ruled that once a resolution plan is CoC-approved and compliant under Section 30(2) IBC, the Adjudicating Authority cannot question the CoC’s commercial wisdom.
Oct 84 min read


ESI Contributions Constitute Trust Property and Not Part of Corporate Debtor’s Liquidation Estate
The NCLAT clarified that ESI contributions deducted from employees’ wages are trust property and cannot be included in the liquidation estate under Section 36(4)(a)(i) of the IBC.
Oct 83 min read


No Scope for Symbolic Possession under IBC: NCLAT Affirms IRP’s Right to Full Control of Corporate Debtor’s Assets
NCLAT Chennai held that the concept of ‘symbolic possession’ has no legal standing under the IBC, and the Interim Resolution Professional must assume complete control of the Corporate Debtor’s assets once CIRP commences.
Oct 73 min read
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