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Defective Affidavit Not Fatal to Section 7 IBC Petition; NCLAT Allows Appeal, Mandates Opportunity to Cure Defect
NCLAT New Delhi held that a defective affidavit under Section 7 IBC does not invalidate the petition and must be allowed to be rectified before rejection.
Sep 23 min read


Successful Bidder in Liquidation Entitled Only to Operational Reliefs; NCLAT Delhi Denies Excessive Statutory and Tax Concessions
NCLAT Delhi held that a successful bidder in liquidation is entitled only to operational reliefs; excessive statutory, tax, or regulatory claims cannot be granted merely by acquisition.
Sep 13 min read


IBC does not override the Slum Act; SRA retains the power to remove defaulting developers
Bombay High Court ruled that IBC resolution plans cannot limit SRA’s statutory powers under the Slum Act, affirming the authority to replace defaulting developers.
Sep 14 min read


Assignment of Stressed Loans to Operational Creditors Held Unlawful; Compromise Under CPC Must Be Lawful, Rules Bombay High Court
Bombay High Court held that assignment of stressed loans to operational creditors is unlawful under RBI norms and that CPC compromises cannot validate agreements prohibited by law.
Sep 14 min read


Section 94 IBC Not Available to Personal Guarantors of Sole Proprietorship Firms – SARFAESI Recovery Proceedings Valid
MP High Court ruled that Section 94 IBC cannot be invoked by personal guarantors of sole proprietorship or partnership firms, validating SARFAESI recovery proceedings.
Aug 303 min read
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