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Belated Modification of an Approved Resolution Plan Is Not Maintainable, Even by Dissenting Secured Financial Creditors
The NCLAT held that once a Resolution Plan is approved, its terms attain finality and no creditor, including a dissenting secured creditor, can seek belated modification of its distribution.
Jan 156 min read


Violation of Mandatory 15-Day Sale Notice under Rules 8 & 9 of SARFAESI Rules — Auction Sale Set Aside
The DRAT held that an auction sale is liable to be set aside if the mandatory 15-day sale notice and the procedural requirements under Rules 8 and 9 of the SARFAESI Rules are not strictly complied with.
Jan 134 min read


Promoter’s Undertaking to Infuse Funds Is Not a Guarantee under Section 126 Contract Act — Section 7 Application Rejected
The Supreme Court ruled that a promoter’s undertaking to infuse funds is not a guarantee under Section 126 of the Contract Act and cannot sustain a Section 7 IBC application without an express promise to discharge the debtor’s liability.
Jan 125 min read


Applicability of Section 10A to Post-Exclusion Operational Debt Crossing IBC Threshold—Section 9 Dismissal Set Aside
The NCLAT held that a Section 9 application could not be dismissed under Section 10A where post-exclusion operational debt independently met the IBC threshold, requiring adjudication on merits.
Jan 84 min read


NCLT Cannot Insert New Terms in CoC-Approved Resolution Plan: Unauthorised 5% Public Shareholding Clause Set Aside
NCLAT ruled that the Adjudicating Authority cannot insert new or unapproved terms while approving a resolution plan, holding that unauthorised equity restructuring violates the jurisdictional limits under the IBC.
Jan 53 min read
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