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Personal Guarantors’ Hearing Rights and Natural Justice in Resolution Professional Report
The NCLAT Chennai Bench held that the Resolution Professional’s report under Section 99 of the IBC is recommendatory, and personal guarantors’ hearing rights apply only at Section 100 adjudication, validating proceedings without a Section 99 hearing.
Sep 134 min read


No Adjudicatory Role of District Magistrate Under SARFAESI; Functions Purely Ministerial
The Rajasthan High Court ruled that the District Magistrate’s role under Section 14 of the SARFAESI Act is purely ministerial, limited to verifying compliance and facilitating possession, without authority to adjudicate disputes.
Sep 133 min read


High Court Upholds IBC Moratorium, Strikes Down FEMA Asset Seizure
The Calcutta High Court clarified that the IBC moratorium bars asset seizure under FEMA during CIRP and post-liquidation, except against personally liable directors or officers.
Sep 124 min read


Unverified Homebuyer Claims Cannot Derail CoC-Approved Resolution Plan: NCLAT
The NCLAT clarified that once a Resolution Plan is approved by the CoC, disputed or unverified homebuyer claims cannot obstruct its implementation, reaffirming the IBC framework.
Sep 124 min read


No Mechanical Admission Under IBC Section 95: NCLAT Mandates Independent Judicial Assessment Against Personal Guarantors
NCLAT ruled that insolvency applications under Section 95 IBC cannot be mechanically admitted against personal guarantors and mandated an independent judicial assessment by the Adjudicating Authority.
Sep 123 min read
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