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Reconstituted CoC Cannot Reassess or Overturn Earlier Commercial Approval of Resolution Plan under IBC
NCLAT held that a reconstituted Committee of Creditors cannot revisit or overturn the commercial approval granted by the original CoC to a resolution plan and must act strictly within the remand directions issued by the Adjudicating Authority under the IBC.
Nov 74 min read


NCLAT Rules: Inclusion of Strategic Investor by ARC Valid; Unsuccessful Applicant Cannot Challenge CoC-Approved Plan
NCLAT upheld that inclusion of a strategic investor by an ARC does not breach Regulation 39(1B) and reaffirmed that an unsuccessful resolution applicant who accepted a refund cannot challenge the CoC-approved plan.
Nov 65 min read


Statutory First Charge under Municipal Act Qualifies as Security Interest under IBC, Holds NCLAT
The NCLAT held that a statutory first charge under the Municipal Act qualifies as a “security interest” under the IBC, entitling municipal authorities to secured creditor status in liquidation proceedings.
Nov 64 min read


IBBI Mandates Standard Undertaking for Restitution of ED-Attached Assets Under PMLA
The IBBI has mandated Insolvency Professionals to submit a standard undertaking before PMLA Special Courts when seeking restitution of ED-attached assets, aligning IBC and PMLA compliance frameworks for greater transparency and value realization.
Nov 62 min read


Unsuccessful Resolution Applicant Has No Locus to Challenge the Approved Plan under IBC, Rules NCLAT
The NCLAT held that an unsuccessful resolution applicant who did not submit a final plan during the challenge process has no locus to challenge the approved resolution plan, reiterating the sanctity of the Committee of Creditors’ commercial wisdom under the IBC.
Nov 64 min read
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