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NCLAT Affirms Upfront Full Payment of Liquidation Value to Dissenting Financial Creditors Under Approved Resolution Plan
NCLAT confirmed that dissenting financial creditors are entitled to receive their entire liquidation value upfront and in priority over assenting creditors if provided in the resolution plan.upfront and in priority over assenting creditors if provided in the resolution plan.
Aug 264 min read


NCLAT Rules Appeal Against Liquidator Fee Directions Infructuous After SCC Fixes Remuneration
NCLAT held that an appeal against NCLT’s directions on liquidator remuneration becomes infructuous once the SCC fixes the fees, leaving no cause for further adjudication.
Aug 263 min read


NCLAT Rules Adjudicating Authority Can Enforce Arbitral Award During CIRP Despite MSME and Arbitration Act Objections
NCLAT held that the Adjudicating Authority can enforce an MSME Act arbitral award during CIRP under Section 60(5) of the IBC, overriding objections under the Arbitration Act.
Aug 254 min read


NCLAT Bars Lender’s Ownership Claim on Loan Amount Once Disbursed Under CIRP
NCLAT ruled that once a loan amount is disbursed to a corporate debtor, lenders cannot claim ownership, as such funds become part of the debtor’s assets under CIRP.
Aug 254 min read


NCLAT Upholds CoC’s Exclusive Authority on Fee Determination, Bars Fresh Challenge
NCLAT held that CoC exclusively determines CIRP fees and expenses, and once approved, subsequent challenges are barred, reinforcing CoC’s autonomy under IBC.
Aug 253 min read
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