top of page
Search


NCLAT: Pre-Existing Commercial Disputes Over Defective Supplies Bar Section 9 IBC Proceedings
The NCLAT held that a Section 9 IBC application is barred when substantive pre-existing disputes exist over defective goods, as demonstrated through communications, warranty obligations, and an indemnity bond, reaffirming the Mobilox test.
Aug 93 min read


NCLAT: No Recall of CoC Inclusion Without Proven Fraud; Related Party Status Must Be Substantiated Under IBC
The NCLAT ruled that recall of a CoC inclusion order cannot be sought on the basis of publicly available documents unless there is demonstrable fraud, and that related party status must meet the strict evidentiary standard under Section 5(24) of the IBC.
Aug 83 min read


Strict Compliance with Regulation 21A May Be Relaxed if Liquidator Delays Communication: NCLAT Clarifies Secured Creditor's Right under Section 52 IBC
NCLAT held that a delay by the liquidator in communicating asset details may justify relaxation of the mandatory 90-day timeline under Regulation 21A of the IBBI Liquidation Regulations.
Aug 74 min read


CoC Approval Mandatory for CIRP Cost Contribution, Rules NCLAT; Sets Aside Order Against Financial Creditor
NCLAT ruled that CIRP cost contributions require mandatory CoC approval with 66% voting, and cannot be imposed without a valid resolution under the IBC.
Aug 73 min read


Advisory Role Not Ground for Section 29A Disqualification, Says NCLAT; Sets Aside Rejection of Resolution Plan
NCLAT clarified that a resolution applicant cannot be disqualified under Section 29A of the IBC solely due to an advisory association with an allegedly ineligible person, especially in the absence of any concrete disqualification or NPA record.
Aug 63 min read
bottom of page