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Director Lacks Locus Post-Liquidation; MSME Framework Cannot Override SARFAESI and IBC: Bombay High Court
The Bombay High Court ruled that a director of a company under liquidation has no legal standing to challenge recovery actions, and clarified that MSME revival schemes cannot override statutory frameworks under SARFAESI and the IBC.
Aug 64 min read


Pre-Existing Disputes Bar Section 9 Admission When Debt is Contingent on Third-Party Reconciliation: NCLAT
NCLAT ruled that Section 9 IBC proceedings are barred when operational debt liability is disputed and tied to third-party certification or reconciliation.
Aug 53 min read


DRAT: DRT Cannot Dismiss Entire Securitisation Application if Challenge to Sale Notices is Within Limitation
DRAT Kolkata clarified that a Securitisation Application cannot be wholly dismissed if timely challenges to SARFAESI sale notices exist, even if some notices are time-barred.
Aug 53 min read


Legal Heirs of Deceased Guarantor Must Comply with Section 21 Pre-Deposit to Challenge DRT Recovery Proceedings: Delhi High Court
The Delhi High Court ruled that legal heirs of a deceased guarantor must mandatorily make the Section 21 pre-deposit under the RDB Act before appealing DRT recovery orders, even if they weren’t parties to the original case.
Aug 43 min read


Admission of Section 95 IBC Application Against Personal Guarantors Upheld: NCLAT Clarifies RP’s Role on ECLGS Objections
NCLAT upheld the admission of a Section 95 IBC application against personal guarantors and clarified that objections related to ECLGS must be resolved by the Resolution Professional during the repayment plan formulation process.
Aug 43 min read
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