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Guarantor Bound by Executed Guarantee: Appeal Dismissed for Lack of Contrary Evidence
DRAT Allahabad held that a guarantor who executed the guarantee cannot deny liability without producing contrary evidence.
Nov 29, 20253 min read


NCLAT Sets Aside NCLT Section 9 Admission, Confirms Pre-Existing Dispute Prevents Enforcement
NCLAT held that a bona fide pre-existing dispute bars Section 9 admission and the Adjudicating Authority’s role is limited to assessing plausibility.
Nov 28, 20254 min read


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
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