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Personal Insolvency Proceedings Cannot Shield Individuals from Prosecution under Section 138 of the N.I. Act Despite Interim Moratorium under Section 96 of the IBC
The Supreme Court held that personal insolvency proceedings under the IBC cannot shield individuals from prosecution under Section 138 of...
Apr 54 min read


Adjudicating Authority Can Terminate CIRP under Section 65 of the IBC if a Section 7 Application is Found to be Fraudulent or Malicious
NCLAT held that the Adjudicating Authority can terminate the Corporate Insolvency Resolution Process under Section 65 of the IBC if it is...
Apr 53 min read


Assets of Foreign Subsidiary Under Liquidation Not Part of Corporate Debtor’s CIRP – NCLAT Holds Indian Authority Has No Jurisdiction to Order Valuation
NCLAT held that assets of a foreign subsidiary undergoing liquidation are not part of the Corporate Debtor’s CIRP and that the Indian...
Apr 44 min read


Appeal Against Admission of Insolvency Proceedings Against Personal Guarantors Maintainable Under Section 61 of the IBC
NCLAT held that an appeal against the admission of insolvency proceedings initiated against personal guarantors of a corporate debtor is...
Apr 43 min read


NCLAT Upholds Distribution Based on Security Interest Over Voting Share; CoC’s Commercial Wisdom Prevails
NCLAT upheld the distribution mechanism based on security interest over voting share, emphasizing that the CoC’s commercial wisdom...
Apr 34 min read
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