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Rejected Prospective Resolution Applicant Lacks Locus to Challenge CIRP or Information Memorandum: NCLAT Upholds Resolution Process
NCLAT held that a rejected prospective resolution applicant lacks locus standi to challenge the CIRP or seek re-issuance of the Information Memorandum, and alleged defects therein cannot invalidate the resolution process absent a violation of Section 30(2) IBC.
Dec 22, 20254 min read


Amendment of Date of Default Permissible in Section 95 Proceedings Despite Limitation Objection
NCLAT held that amendment of the date of default in a pending Section 95 personal guarantor insolvency application is permissible even at an advanced stage, as it facilitates effective adjudication without finally deciding limitation or foreclosing statutory defences.
Dec 22, 20254 min read


Oppression and Mismanagement Petition Not Maintainable by Non-Member: Private MoU and Section 89 Non-Compliance Insufficient
The NCLAT held that a former shareholder who has ceased to be a member cannot maintain an oppression and mismanagement petition based on a private MoU, and that Section 89 non-compliance attracts only statutory penalties.
Dec 22, 20254 min read


Liquidator’s Fee Payable Only on Asset Realisation or Distribution: Fixed Monthly Remuneration Barred Without CoC or SCC Approval
The NCLAT clarified that a liquidator cannot claim fixed monthly remuneration without CoC or SCC approval, holding that fees under Regulation 4 of the Liquidation Regulations are payable only upon actual asset realisation or distribution.
Dec 22, 20253 min read


Financial Debt Established from Balance Sheet Entries Even Without a Loan Agreement: NCLAT Upholds Section 7 CIRP
The NCLAT held that balance sheet entries and acknowledgments can establish financial debt for Section 7 IBC even in the absence of a formal loan agreement.
Dec 21, 20255 min read
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