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Consequential IBC Appeal Held Not Maintainable After Withdrawal of Foundational Challenge and Plan Approval
The NCLAT, Chennai Bench, held that a consequential appeal under the IBC is not maintainable once the foundational challenge is withdrawn and the resolution plan stands approved with the appellant’s participation.
Dec 18, 20254 min read


NCLT Has Exclusive Jurisdiction to Decide Possession and Lease Validity of Corporate Debtor’s Assets Under Section 60(5) IBC
The Gujarat High Court held that the NCLT has exclusive jurisdiction under Section 60(5)(c) IBC to decide disputes relating to possession and validity of lease or licence arrangements forming part of a corporate debtor’s assets.
Dec 17, 20254 min read


Prior Secured Creditor’s Charge Prevails Over Subsequent State Dues: High Court Clarifies Pre-Section 26E SARFAESI Priority
The Punjab & Haryana High Court held that a prior SARFAESI mortgage and auction sale could not be defeated by a subsequent State revenue attachment in the absence of a statutory first charge before Section 26E.
Dec 16, 20254 min read


Liquidation Sale Under IBC Is Not a Contract: Bidder Bound by NCLT Extension and Forfeiture: Supreme Court
The Supreme Court held that forfeiture in a liquidation sale is lawful where a bidder accepts an extension of time subject to forfeiture and later defaults, as such forfeiture flows from statutory powers under the IBC.
Dec 16, 20254 min read


Joint Consideration of Personal Guarantors’ Repayment Plans Does Not Amount to Group Insolvency: NCLAT
The NCLAT held that joint meetings for considering repayment plans of personal guarantors do not amount to group insolvency where each plan is independently examined and rejected on commercial grounds.
Dec 15, 20254 min read
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