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Security Amount Not Operational Debt: Section 9 Petition Dismissed for Failing IBC Threshold and Operational Debt Criteria
NCLT New Delhi dismissed a Section 9 petition, holding that a security amount provided for performance under a commercial agreement is not operational debt and Section 9 petitions are maintainable only if debt meets operational and statutory threshold criteria.
Jan 54 min read


Moratorium Bar on Post-CIRP Transfer of Corporate Debtor’s Vehicle: Registration Change Based on Pre-CIRP Agreement Held Void Under IBC
Post-CIRP transfer of a Corporate Debtor’s vehicle through registration change based on a sham pre-CIRP agreement was held void ab initio, with the NCLT reiterating the absolute bar imposed by Section 14(1)(b) of the IBC and warning of penal consequences for suspended directors.
Jan 54 min read


Acknowledgement by Principal Borrower Extends Limitation for Section 7 Proceedings Against Corporate Guarantors
NCLAT confirmed that principal borrower’s acknowledgment extends limitation for Section 7 proceedings against corporate guarantors, overriding prior limitation bar and COVID-19 exclusion.
Jan 44 min read


Auction Sale Invalid for Stale Valuation Under Rule 8(5) Despite Valid Service of Statutory Notices | DRAT Allahabad
An auction sale based on a stale valuation violates Rule 8(5) of the SARFAESI Rules and cannot be sustained, even where statutory notices were duly served.
Jan 24 min read


Terminated Redevelopment Agreement Not an Asset of Corporate Debtor; IBC Moratorium Cannot Revive Extinguished Contractual Rights
A redevelopment agreement terminated before CIRP does not survive as an asset of the corporate debtor, and Section 14 moratorium cannot be used to revive extinguished contractual rights or block statutory redevelopment approvals.
Dec 30, 20256 min read
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