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Revival of Section 9 IBC Petition Permissible When Settlement Terms Provide for Restoration, Holds NCLAT
NCLAT ruled that a Section 9 IBC petition can be revived if a settlement agreement explicitly provides for restoration in the event of default.
Aug 293 min read


Intervention Petition by Workman Alleging Fraudulent CIRP Under Section 65 Cannot Be Rejected for Lack of Locus, Rules NCLAT
NCLAT held that petitions alleging fraudulent CIRP under Section 65 cannot be dismissed for lack of locus and must be evaluated on merits by the Adjudicating Authority.
Aug 283 min read


Late EoIs Cannot Be Entertained After CoC Opts for Liquidation, Rules NCLAT
NCLAT ruled that late EoIs cannot be entertained once CoC opts for liquidation, reaffirming that such decisions fall under the commercial wisdom of the CoC.
Aug 284 min read


Fresh Cause of Action for Each SARFAESI Enforcement Step Extends Limitation, Rules Allahabad High Court
Allahabad High Court ruled that each SARFAESI enforcement step extends limitation by creating a fresh cause of action, with the period computed from the last impugned measure, not the initial notice.
Aug 274 min read


NCLAT Upholds Presumption of Notice Service Under Section 27 and Allows Personal Insolvency Proceedings Alongside CIRP
NCLAT held that statutory notices sent to the last known address are presumed valid under Section 27 and affirmed the permissibility of simultaneous insolvency proceedings against corporate debtors and their personal guarantors.and affirmed the permissibility of simultaneous insolvency proceedings against corporate debtors and their personal guarantors.
Aug 273 min read
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