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Prior Secured Creditor’s Charge Prevails Over Subsequent State Dues: High Court Clarifies Pre-Section 26E SARFAESI Priority
The Punjab & Haryana High Court held that a prior SARFAESI mortgage and auction sale could not be defeated by a subsequent State revenue attachment in the absence of a statutory first charge before Section 26E.
3 days ago4 min read


Liquidation Sale Under IBC Is Not a Contract: Bidder Bound by NCLT Extension and Forfeiture: Supreme Court
The Supreme Court held that forfeiture in a liquidation sale is lawful where a bidder accepts an extension of time subject to forfeiture and later defaults, as such forfeiture flows from statutory powers under the IBC.
3 days ago4 min read


Joint Consideration of Personal Guarantors’ Repayment Plans Does Not Amount to Group Insolvency: NCLAT
The NCLAT held that joint meetings for considering repayment plans of personal guarantors do not amount to group insolvency where each plan is independently examined and rejected on commercial grounds.
4 days ago4 min read


High Court Stays Liquidation Auction: Valuation of Plant and Machinery by Ineligible Valuer Held Prima Facie Unsustainable
The Kerala High Court stayed a liquidation auction after holding that valuation of plant and machinery by an ineligible valuer was prima facie unsustainable under the valuation rules.
4 days ago3 min read


Reflected Homebuyer Claims Cannot Be Ignored in Resolution Plan Despite Belated Filing: NCLAT
The NCLAT held that a belatedly filed homebuyer claim cannot be ignored where the allotment and payments are reflected in the Corporate Debtor’s records, and such liabilities must be considered through an addendum to the resolution plan prior to its approval.
5 days ago4 min read
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