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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
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