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No Power to Recall Summoning Order in Revision; SICA Not a Shield Against Section 138 NI Act
In a judgment pronounced today, the Supreme Court ruled that revisional courts cannot recall summoning orders in Section 138 NI Act cases and clarified that SICA protection cannot shield against cheque dishonour prosecutions.
6 days ago3 min read


Misuse of Insolvency Framework: Repetitive Section 94 Petitions Cannot Stall SARFAESI Recovery
In an order passed today, NCLAT New Delhi ruled that repeated Section 94 IBC petitions after prior dismissal amount to misuse of the insolvency process and cannot stall SARFAESI recovery or invoke moratorium.
7 days ago3 min read


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
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