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Supreme Court Seeks Central Registrar’s Clarification on Cooperative Society’s Eligibility as Resolution Applicant Under IBC
The Supreme Court held that the Central Registrar must be impleaded to decide a cooperative society’s eligibility as a resolution applicant under the IBC, and no final plan approval can be granted pending such determination.
Dec 19, 20253 min read


Section 7 IBC Application Time-Barred: Pendency of DRT Proceedings Does Not Attract Section 14 Limitation Benefit
NCLAT held that a Section 7 IBC application filed beyond three years from the date of default is time-barred, and pendency of DRT proceedings does not justify exclusion of time under Section 14 of the Limitation Act.
Dec 19, 20253 min read


High Court Affirms Appellant’s Liability to Bear Official Liquidator’s Security Expenses in Company Winding-Up
Delhi High Court held that a company under winding up is liable to bear the Official Liquidator’s security expenses, as directors’ verified statements and undertakings are binding.
Dec 18, 20253 min read


Recall Amounting to Review Not Permissible After Dissolution: Applications Dismissed for Non-Prosecution Cannot Be Revived Under IBC
NCLAT Chennai held that applications dismissed for non-prosecution cannot be revived after dissolution, as recall would amount to an impermissible review under the IBC.
Dec 18, 20253 min read


Ownership Under SARFAESI Transfers Only on Sale Certificate: Section 96 IBC Interim Moratorium Bars Completion of Auction Sale
The Bombay High Court held that ownership under SARFAESI transfers only upon issuance of a sale certificate, and an interim moratorium under Section 96 IBC bars completion of an auction sale.
Dec 18, 20255 min read
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