Latest court orders, judgments, and legal developments from Indian courts — AI-curated and summarized.
FeaturedThe Supreme Court clarifies that the moratorium under the Insolvency and Bankruptcy Code (IBC) only protects corporate debtors, allowing consumer claims against promoters and co-respondents to proceed.
FeaturedThe NCLT has upheld the finality of a resolution plan, ruling that an income tax claim filed 1305 days late is inadmissible under the IBC. This reinforces the judicial emphasis on adherence to timelines in insolvency contexts.
FeaturedThe NCLT has ruled that a guarantee claim amounting to ₹34.82 crore was time-barred, asserting that SARFAESI notices and DRT proceedings do not extend limitation periods under the IBC. This clarification is crucial for creditors in understanding their claim timelines.
FeaturedThe NCLT has ordered the liquidation of APS Infra Engineers, ruling that the resolution plan was non-compliant due to fraudulent and undervalued transactions. This decision clearly prioritizes creditor protection and transparency within insolvency proceedings.
FeaturedThe Supreme Court affirmed the constitutional validity of Sections 95-100 of the IBC, addressing the insolvency of personal guarantors. The Court rejected a challenge based on Article 14, reinforcing the legal framework for personal guarantees in insolvency proceedings.
FeaturedThe NCLT has initiated Corporate Insolvency Resolution Process (CIRP) against a corporate debtor, appointing an Interim Resolution Professional and enforcing a moratorium, highlighting the judiciary's stance on insolvency matters.
FeaturedThe NCLAT has confirmed that a Resolution Professional (RP) is authorized to recover assets of a corporate debtor from unauthorized occupants without the need to file a civil suit, streamlining asset recovery under the Insolvency and Bankruptcy Code.
The NCLT has dismissed an insolvency petition against an education firm, ruling that pre-existing disputes must be resolved through civil remedies rather than under the IBC. This highlights the tribunal’s position on genuine disputes and the need for proper forum selection.
In a significant ruling, the Bombay High Court quashed the orders declaring directors as wilful defaulters, citing the lack of reasoned judgments as a breach of natural justice. This reinforces the requirement for transparency in such decisions.
The Bombay High Court has ruled that the interim moratorium under Section 96 of the IBC operates against the entire debt of the corporate debtor, thereby staying arbitration proceedings. This development emphasizes the comprehensive nature of the moratorium intended by the IBC.
The National Company Law Appellate Tribunal (NCLAT) has suspended the blanket ban imposed by the Insolvency and Bankruptcy Board of India (IBBI) on resolution professionals, emphasizing the need for balanced regulatory measures. The ruling highlights the importance of proportional penalties and adherence to the principles of natural justice.
The NCLT ruled that a fresh demand notice does not revive the limitation period for initiating CIRP against a corporate guarantor. This decision reinforces the importance of adhering to statutory timeframes for insolvency proceedings.