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Proceedings under Section 138 of NI Act Against an Individual are Barred During Interim Moratorium Under Section 96 of the IBC
The High Court held that proceedings under Section 138 of the Negotiable Instruments Act against an individual are barred during the...
6 days ago2 min read
IBBI Invites Public Suggestions on IBC Regulations to Simplify and Reduce Compliance Costs
The Insolvency and Bankruptcy Board of India (IBBI) has invited suggestions and comments from the public and regulated entities on all...
7 days ago1 min read
Section 9 Petition Liable to be Dismissed if Pre-existing Dispute on Quantum and Quality of Claim Exists Before Demand Notice
NCLAT held that a Section 9 petition under the IBC is liable to be dismissed if there exists a pre-existing dispute regarding the quantum...
7 days ago3 min read
Refinancing Creditor Cannot Enforce Security Interest Without NOC from Prior Charge-Holder Holding First Pari-Passu Charge Over Movable Assets
The NCLAT held in a significant ruling that a refinancing creditor cannot enforce its security interest under Section 52 of the...
Apr 84 min read
Resolution Professional Cannot Act as Adjudicator and is Right to Reject Belated, Unadjudicated Claims During Advanced CIRP Stage
NCLAT held that the Resolution Professional cannot act as an adjudicator and was right in rejecting the belated, unadjudicated claims...
Apr 83 min read
Absence of Original Lessor’s Consent Renders Sub-Letting Invalid – Entire Property Rightfully Included in Liquidation Estate
NCLAT held that in the absence of the original lessor’s consent, the subletting arrangement was legally invalid, and consequently, the...
Apr 83 min read
Supreme Court: Limitation for Filing NCLAT Appeal Begins from Date of Pronouncement in Open Court, Not from Date of Receipt or Knowledge
The Supreme Court held that the limitation period for filing an appeal before the NCLAT begins from the date of pronouncement of the...
Apr 83 min read
Acknowledged Payment Within Limitation Period Extends Limitation under Section 19 of the Limitation Act for Section 9 IBC Application
NCLAT held that an acknowledged payment made within the limitation period extends the limitation under Section 19 of the Limitation Act,...
Apr 73 min read
Bar under Section 10A of IBC Applies Only to Defaults Solely Occurring During the Moratorium Period; Continuing Defaults Beyond the Period Not Exempt from CIRP
The High Court held that the bar under Section 10A of the IBC applies only to defaults that occurred solely during the moratorium period,...
Apr 73 min read
Revocation of Failed Settlement Does Not Extinguish Original Financial Debt – Section 7 Application Maintainable Based on Assigned Loan Agreements
NCLAT held that the revocation of a failed settlement agreement does not extinguish the original financial debt, and accordingly, a...
Apr 73 min read
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