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Borrowers Have No Vested Right to Extension Under OTS: High Court Upholds Bank’s Power to Cancel and Auction Secured Assets
Allahabad High Court ruled that borrowers have no vested right to extension under OTS; failure to comply within 180 days lapses the settlement, enabling banks to cancel and auction secured assets.
Sep 113 min read


Verified Homebuyer Claims in CIRP Entitle Possession: Supreme Court Sets Aside NCLAT & NCLT Orders
The Supreme Court held that homebuyers with duly verified claims during CIRP cannot be treated as late claimants and are entitled to possession under the approved Resolution Plan.
Sep 93 min read


IBC Empowers RP to Recover Subsidiary Shares; Unpaid Purchaser Cannot Withhold Documents
NCLAT ruled that a purchaser who defaults on the agreed sale consideration cannot retain share certificates or subsidiary documents, reaffirming the RP’s authority under Sections 18 and 25 of the IBC to take custody of such assets.
Sep 94 min read


Pre-Existing Contractual Dispute Bars Section 9 IBC Petition – NCLAT Upholds Adjudicating Authority Order
NCLAT upheld that pre-existing contractual disputes bar Section 9 IBC petitions; both debt and default must be undisputed to trigger CIRP.
Sep 83 min read


Enforceability of Personal Guarantee Affirmed; Pending Recovery Does Not Bar Section 95 IBC Action
NCLAT affirmed that personal guarantees covering existing credit facilities are enforceable even without fresh disbursement, and pending recovery proceedings do not bar Section 95 insolvency action under the IBC.
Sep 84 min read
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