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IBC Prevails: The Supreme Court Restricts Premature Writs in Personal Insolvency Proceedings
SC sets aside High Court’s interference in IBC proceedings, affirming that insolvency disputes must follow statutory resolution channels.
Mar 143 min read
IBC v. PMLA: NCLT Affirms Jurisdictional Limits, Declines to Unfreeze ED-Attached Bank Account
NCLT reaffirms that the IBC cannot override PMLA enforcement; RPs must approach the PMLA authority to unfreeze attached assets.
Feb 284 min read
IBC Overrides Tax Laws: NCLAT Declares Government Dues as Operational Debt
NCLAT upholds IBC’s supremacy over tax laws, ruling that government tax dues do not qualify as secured debt in insolvency proceedings.
Feb 82 min read
Literal v. Purposive Interpretation of Statutes: The Supreme Court, in a 2:1 Majority, Upholds Literal Interpretation of Section 31(4) of the IBC, With Dissent Favouring a Purposive Approach
A Supreme Court ruling reignites the debate on literal vs. purposive statutory interpretation, shaping the future of insolvency law.
Feb 78 min read
NCLT Mumbai: CIRP Application Dismissed Due to Pre-Existing Dispute and Bar Under Section 10A of the IBC
NCLT Mumbai dismisses CIRP application, citing a pre-existing dispute and the Section 10A COVID-19 moratorium under the IBC.
Feb 13 min read
Strict Interpretation of Section 101 of the IBC: NCLAT Says No Scope for Extending Moratorium Beyond 180 Days
NCLAT rules that the moratorium under Section 101 of the Insolvency and Bankruptcy Code is mandatory and cannot exceed 180 days.
Jan 314 min read
IBC Moratorium v. EPFO Claims: NCLAT Rejects Late Provident Fund Dues in CIRP Proceedings
The NCLAT rules that EPFO’s late claims in insolvency cases are barred under the IBC moratorium, reinforcing finality in CIRP resolutions.
Jan 223 min read
NCLT: No Jurisdiction Under Section 95 of the IBC Without CIRP Against Corporate Debtor
NCLT holds that in absence of CIRP against the corporate debtor, Section 95 proceedings against the personal guarantor are not maintainable.
Jan 34 min read
IBC and Limitation Law: A Strict Interpretation of Creditor Rights
NCLAT reinforces strict limitation rules under IBC, rejecting condonation pleas and upholding creditor autonomy in insolvency cases.
Jan 24 min read
Supreme Court’s Interpretation of Financial Debt under the IBC
The Supreme Court clarifies financial debt under the IBC, recognising obligations in a Deed of Hypothecation as enforceable guarantees.
Dec 31, 20244 min read
NCLAT Validates Differential Treatment of Operational Creditors in CIRP for Commercial Viability
NCLAT confirms that operational creditors can be treated differently if justified by commercial rationale and compliant with IBC safeguards.
Dec 28, 20245 min read
Supreme Court on Maintenance v. Financial Claims: Rights to Sustenance Over Business Losses
The Supreme Court prioritises maintenance rights over creditors' claims, reaffirming dignity and sustenance as fundamental under Article 21.
Dec 21, 20243 min read
Fate of Decree Holders under IBC: Bombay High Court Upholds Finality of Approved Resolution Plan over Enforceability of Decree
Decree Holders' claims under IBC are subject to the resolution plan's finality, ensuring extinguishment of unaddressed pre-approval dues.
Dec 16, 20244 min read
Investor Protection v. Regulatory Balance: Bombay High Court Upholds SEBI’s Delisting Regulations Under IBC
The Bombay High Court affirms the IBC’s primacy over SEBI rules, balancing delisting regulations with insolvency resolution objectives.
Dec 14, 20245 min read
Personal Guarantors in CIRP: NCLAT Explains that Guarantors’ Eligibility as Financial Creditors Under IBC is Conditional on Debt Discharge
Personal guarantors can claim creditor rights in CIRP only after discharging liabilities, ensuring fair voting rights for secured creditors.
Dec 12, 20244 min read