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Suppression of Allottee Data Amounts to Fraud—Recall under Rule 11 to Prevent Miscarriage of Justice Upheld
NCLAT held that suppression of allottee data by the Corporate Debtor amounted to fraud, and upheld the recall of the dismissal order...
3 days ago3 min read
Authorised Representative of Homebuyers Cannot Be Replaced by Inherent Powers of the Adjudicating Authority—Statutory Mechanism under Regulation 16A(3A) Must Be Followed
NCLAT held that the Authorised Representative of homebuyers cannot be replaced by invoking the inherent powers of the Adjudicating...
4 days ago3 min read
Exclusion of Interim Restraint Period from Resolution Plan Timeline Justified Due to Hindrance in Fund Generation by the Successful Resolution Applicant
NCLAT held that the exclusion of the interim restraint period from the Resolution Plan implementation timeline was justified, as the...
4 days ago3 min read
Commercial Execution Proceedings Withdrawn Following Settlement – Liberty Granted to Restore on Breach of Terms
The High Court allowed the withdrawal of commercial execution proceedings following a settlement agreement between the parties, while...
5 days ago2 min read
Writ Jurisdiction under Article 226 Cannot Be Invoked by Homebuyers Once Claims Are Submitted in Ongoing CIRP Proceedings under the IBC
The High Court held that writ jurisdiction under Article 226 of the Constitution cannot be invoked by homebuyers once their claims have...
5 days ago2 min read
Supreme Court Leaves Settlement Dispute to Adjudicating Authority—Permits Consideration of Withdrawal under Section 12A of the IBC
The Supreme Court left the dispute concerning the settlement to be adjudicated by the Adjudicating Authority and permitted consideration...
5 days ago2 min read
Section 95 Application Maintainable—Personal Guarantee Enforceable through Security Trustee; Limitation Validly Extended
NCLAT held that the Section 95 application was maintainable as the personal guarantee was enforceable through the Security Trustee and...
5 days ago3 min read
Section 9 Petition Dismissed Due to Pre-existing Dispute Arising from Interlinked Commercial Transactions and Promoter-Level Litigations
NCLAT dismissed the Section 9 petition, holding that a pre-existing dispute existed arising from interlinked commercial transactions and...
6 days ago3 min read
Belated Claim Filed After Approval of Resolution Plan – Entitled Only to 50% Refund Under Clause 18.4(xi) of Resolution Plan
NCLAT held that a belated claim filed after the approval of the Resolution Plan is entitled only to a 50% refund under Clause 18.4(xi) of...
6 days ago3 min read
Writ Appellate Court Cannot Reappreciate Facts or Entertain New Grounds Absent Procedural Violation in Disciplinary Actions by IBBI
The High Court held that a writ appellate court cannot reappreciate factual findings or entertain new grounds at the appellate stage in...
6 days ago3 min read
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