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DRT Cannot Impose Overseas Travel Restrictions Without Statutory Authority: High Court Quashes Recovery Officer’s Conditions as Unconstitutional
The Madhya Pradesh High Court has ruled that the DRT and its Recovery Officer cannot impose overseas travel restrictions without statutory authority. Since the 1993 Act contains no provision permitting curtailment of the right to travel abroad, such conditions violate Articles 19 and 21 and are unconstitutional.
Dec 123 min read


CoC Remand Nullifies Prior Plan Approval: Homebuyer Claims Must Be Independently Re-evaluated Under IBC
In a significant clarification on homebuyer rights under the IBC, NCLAT ruled that once a resolution plan is remanded to the CoC, the earlier approval stands nullified. The Adjudicating Authority must independently examine all pending homebuyer claims, and rejection based solely on the previous CoC approval is contrary to the remand directions and legally untenable.
Dec 114 min read


Debt Acknowledgement in Balance Sheets Extends Limitation Against Guarantor under Section 95 IBC
NCLAT ruled that acknowledgment of outstanding dues in balance sheets constituted a valid statutory acknowledgment under Section 18 of the Limitation Act. Since the guarantee remained continuing, the limitation period against the guarantor stood extended, making initiation of insolvency proceedings under Section 95 maintainable.
Dec 114 min read


Mediation Settlement Remains Binding Despite Subsequent Coercion Allegations and Absence of Supporting Annexures
NCLAT upheld that consent terms signed post-mediation are enforceable, rejecting later claims of coercion or incomplete annexures, reinforcing the binding nature of settlements in company disputes.
Dec 104 min read


Section 9 CIRP Petition Not Maintainable Where Invoice Liability Is Disputed and Debt Not Crystallised
A Section 9 CIRP petition was ruled non-maintainable where dispute existed over invoice reconciliations and appropriation of payments, as insolvency cannot adjudicate contested claims.
Dec 104 min read
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