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NCLAT Delhi upholds order of Adjudicating Authority directing contribution to the assets of corporate debtor since it is clearly established that business of corporate debtor was carried on with intent to defraud creditors of corporate debtor.
NCLAT Delhi held that shareholders have locus standi to file appeal under section 61 of the Insolvency and Bankruptcy Code and hence the appeal is maintainable. Further, appellant has made out case of fraudulent initiation of CIRP since both Financial Creditor and Corporate Debtor are related parties.
The NCLAT upheld the rejection of repayment plans submitted by personal guarantors under the I&B Code, as they failed to submit revised proposals despite extensions, confirming the legal procedure was correctly followed.
NCLAT Delhi held that intention to defraud creditors of Corporate Debtor was based on documentary evidence, accordingly, all the ingredients under section 66 of the Insolvency and Bankruptcy Code are attracted. Thus, appeal lacks merits and hence dismissed.
NCLAT ruled that commercial borrowing with agreed interest constitutes financial debt even without a formal loan agreement
NCLAT Chennai held that appeal as prescribed under section 19 of the Contempt of Courts Act, 1971 against the order of dismissal of contempt petition is not maintainable. Accordingly, company appeals are dismissed.
The appellate tribunal held that once a company petition is dismissed in full, all interim and docket orders merge with the final judgment. No partial relief can be inferred from incidental observations after such dismissal.
NCLAT Delhi held that Form-B under CIRP Regulations, 2016 contemplates specifically permits set-off mutual credit, mutual debts, or mutual dealings between the Corporate Debtor and Creditor. Accordingly, appeal disposed of.
NCLAT Chennai held that recall application under rule 11 of the NCLT Rules cannot be utilised as a camouflage to seek review of an order which has been passed on merits. Thus, company appeal lacks merits and hence dismissed.
From 2022-23 to 2024-25, appeals filed at NCLAT rose steadily, with IBC cases forming the majority, reflecting active engagement in corporate insolvency and legal adjudication.
