Corporate Law : NCLAT held that the CoC may decide to liquidate a corporate debtor under Section 33(2) before inviting resolution plans, with limi...
Corporate Law : This article explains why the Insolvency and Bankruptcy Code places commercial decision-making in the hands of the Committee of Cr...
Corporate Law : The article explains how the NCLAT interpreted Section 66(1) to extend liability beyond company insiders to third parties who know...
Corporate Law : The Supreme Court held that individuals investing for financial returns rather than home ownership cannot invoke Section 7 of the ...
Corporate Law : The High Court held that a company cannot shift its registered office after approval of a resolution plan when appeals against the...
Corporate Law : IBBI has proposed amendments to CIRP, Liquidation, and Personal Guarantor Regulations to improve valuation, clarify RP duties, sim...
Corporate Law : The proposed amendments require comprehensive project-wise disclosures, technical assessments, and mandatory information in resolu...
Corporate Law : The IBBI has announced contractual vacancies for Research Associates and Consultants in law and business management disciplines. T...
Corporate Law : 2026 Guidelines streamline selection of Insolvency Professionals for IRP, RP, Liquidator, and Bankruptcy Trustee roles, ensuring t...
Corporate Law : The amendments replace the consultation committee with CoC oversight, giving creditors greater control over liquidation decisions....
Corporate Law : Bombay HC held that Section 14 IBC moratorium does not prevent deemed conveyance under Section 11 MOFA and restored the society's ...
Company Law : Kerala HC held Rule 55 empowers NCLT to accept additional pleadings, setting aside refusal to entertain further objections in a Se...
Corporate Law : NCLAT held that invoice discounting through the TReDS platform does not convert operational debt into financial debt. The appeal w...
Corporate Law : Supreme Court held that a Section 7 IBC application can proceed despite pending winding-up proceedings where no irreversible stage...
Corporate Law : NCLT admitted the Section 9 petition after holding that campaign-related emails did not constitute a genuine pre-existing dispute....
Corporate Law : IBBI cancelled an IP’s registration over systemic CIRP misuse, flawed valuations, non-disclosures, compliance failures and lack ...
Corporate Law : IBBI has released the Phase 10 syllabus for the Limited Insolvency Examination, effective from October 1, 2026, to reflect evolvin...
Corporate Law : The First Appellate Authority directed the CPIO to dispose of the RTI application after finding it was not decided within the 30-d...
Corporate Law : The Disciplinary Committee found that the Resolution Professional delayed admission of a financial creditor's claim and failed to ...
Corporate Law : The Disciplinary Committee imposed a two-year suspension after finding failures in claim verification, unauthorized financial deci...
The First Appellate Authority found that the appellant had indeed paid Rs. 2,500 to the IBBI despite the CPIO stating otherwise. The Board was directed to refund the amount in accordance with applicable grievance regulations.
The IBBI held that while information available with a public authority can be accessed under the RTI Act, the CPIO is not required to collate or present it in a format preferred by the applicant. Publicly available information need not be recompiled for RTI purposes.
The IBBI appellate authority held that information not maintained by the Board cannot be disclosed under the RTI Act. The ruling reiterates that public authorities are only required to provide records actually held by them.
The First Appellate Authority upheld the rejection of an RTI request seeking an IBBI reference related to avoidance transactions. It held that disclosure would reveal confidential financial and commercial information protected under Section 8(1)(d) of the RTI Act.
The NCLAT held that winding-up proceedings transferred to the NCLT must satisfy the threshold applicable under the IBC at the time of consideration. Since the operational debt claims were below Rs. 1 crore, the petitions were held to be non-maintainable.
The NCLT held that insolvency proceedings against a personal guarantor cannot proceed unless the guarantee has been specifically invoked through a contractual demand notice. A Rule 7 notice under the Personal Guarantor Rules was found to be merely procedural. Since no valid invocation was established, the Tribunal ruled that no default had arisen under the IBC.
The NCLT dismissed the insolvency application after finding that the agreements forming the basis of the alleged operational debt were not properly executed. The absence of signatures and uncertainty regarding execution dates undermined their evidentiary value. As a result, the applicant failed to establish a maintainable claim under Section 9 of the IBC.
The Court noted that the Revenue had not submitted any claim during the insolvency resolution process for the relevant assessment years. Following established precedent, the appeals were dismissed.
The IBBI imposed a two-year suspension after finding that the insolvency professional failed to disclose a financial transaction involving an entity linked to a prospective resolution applicant during the CIRP.
Finvin Investor Private Limited Vs Orix Leasing and Financial Services Limited (NCLAT Delhi) The National Company Law Appellate Tribunal (NCLAT), Delhi, disposed of two appeals arising from the same order dated 04.06.2024 passed by the National Company Law Tribunal (NCLT), Mumbai Bench, concerning an application filed under Sections 43, 66, 67 and 70 of the […]
