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Assignment of Stressed Loans to Operational Creditors Held Unlawful; Compromise Under CPC Must Be Lawful, Rules Bombay High Court
Bombay High Court held that assignment of stressed loans to operational creditors is unlawful under RBI norms and that CPC compromises cannot validate agreements prohibited by law.
Sep 14 min read


Section 94 IBC Not Available to Personal Guarantors of Sole Proprietorship Firms – SARFAESI Recovery Proceedings Valid
MP High Court ruled that Section 94 IBC cannot be invoked by personal guarantors of sole proprietorship or partnership firms, validating SARFAESI recovery proceedings.
Aug 303 min read


IBC Resolution Plan Overrides Tax Revision Powers under Section 263 of Income Tax Act
Gujarat High Court ruled that approval of an IBC resolution plan extinguishes all pre-existing tax liabilities, overriding the Income Tax Department’s powers under Section 263.
Aug 303 min read


Delhi High Court Stays IBBI Disciplinary Action Against Insolvency Professional Citing Bias and Procedural Lapse
Delhi High Court stayed IBBI’s disciplinary order against an insolvency professional, holding that violation of natural justice and possible bias warranted judicial intervention at this stage.
Aug 303 min read


Arbitration Clause in Tax Invoices Amounts to Valid Arbitration Agreement, Rules Bombay High Court
Bombay High Court ruled that an arbitration clause in tax invoices accepted without objection qualifies as a valid arbitration agreement under Section 7, allowing reference to arbitration under Section 11.
Aug 303 min read
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