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Proposed IRP Must Be Appointed Under Section 16(2) IBC: NCLT Cannot Reject on Ground of Multiple Assignments Alone
Kerala High Court held that once a Section 7 or 10 application is admitted, the NCLT must appoint the proposed IRP under Section 16(2) IBC if statutory eligibility is satisfied, and cannot reject appointment merely due to multiple assignments.
Dec 26, 20254 min read


Approved Resolution Plan Authorises CoC to Pursue Avoidance Applications: Suspended Director Has No Locus to Oppose RP Substitution
NCLAT held that once a resolution plan authorises the CoC to pursue avoidance applications, a suspended director has no locus to oppose substitution of the Resolution Professional, and no separate hearing is required.
Dec 25, 20253 min read


Section 35 of SARFAESI Act Cannot Override Article 371A: Supreme Court Holds Enforcement Without Security Interest Lacks Jurisdiction
The Supreme Court held that Section 35 of the SARFAESI Act does not override Article 371A of the Constitution, and that SARFAESI enforcement without a valid security interest in Nagaland is without jurisdiction.
Dec 24, 20254 min read


Section 7 CIRP Barred Under Section 10A: Date of Default Stated in Demand Notice Is Determinative
NCLAT held that a Section 7 IBC application is barred under Section 10A if the date of default stated in the demand notice falls within the COVID-19 exclusion period, and cannot be modified by oral extensions or subsequent demands.
Dec 22, 20254 min read


NCLT Cannot Adjudicate Shareholding or Property Disputes: Disclosure of High Court Litigation in Information Memorandum Upheld
NCLAT held that disputes relating to shareholding and immovable property lie outside insolvency jurisdiction, and that disclosure of pending High Court litigation in the Information Memorandum is adequately ensured through the duties of the Resolution Professional.
Dec 22, 20253 min read
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