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NCLT Has No Jurisdiction to Decide Trademark Ownership Disputes Outside CIRP | Supreme Court
The Supreme Court clarified that the NCLT has no jurisdiction under Section 60(5)(c) of the Insolvency and Bankruptcy Code, 2016 to adjudicate trademark ownership or disputed intellectual property rights outside the CIRP. It was held that transactions cannot be invalidated without a specific statutory avoidance application and that any declaration beyond an approved resolution plan amounts to an impermissible judicial modification, reaffirming the limited and insolvency-centr
Jan 286 min read
IRP’s Right to Represent Corporate Debtor in Criminal Proceedings: Supreme Court Bars Parallel Criminal Proceedings and Protects Accused from Custody
The Supreme Court held that once insolvency begins, the IRP alone represents the Corporate Debtor in criminal cases, barred parallel proceedings, and protected the accused from custodial detention after filing of the charge sheet.
Jan 224 min read
IBC Is Not a Recovery Forum: CIRP Application Rejected Where Amount Claimed Was Paid in Full, Additional Interest Dismissed
The National Company Law Tribunal (NCLT) held that the Insolvency and Bankruptcy Code (IBC) is not a recovery forum, and rejected the...
Jul 16, 20253 min read
NCLAT Declines Appeal, Awaits Third Member’s Opinion on Admission of Personal Guarantors Under Section 419(5), Companies Act
The National Company Law Appellate Tribunal (NCLAT) declined to entertain the appeal, observing that the matter concerning the admission...
Jul 15, 20253 min read
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