Gujarat High Court
LEGAL SUBJECT
Insolvency and Bankruptcy Law
Judgment analyses where this is the main or secondary subject.Latest analyses
30 ARTICLES
NCLAT
The CoC may replace an RP through commercial wisdom, subject to statutory compliance.
Maylari Agro Products Ltd. was admitted into CIRP on 8 March 2021 under Section 9 of the Insolvency and Bankruptcy Code, 2016 (“IBC”), and Mr. S. Viswanathan was appointed as the Interim Resolution Professional (“IRP”).3 MIN READ↗
NCLAT
Liquidators may obtain eviction of unauthorized occupants from liquidation-estate property through NCLT proceedings.
The appeals arose from a common order dated 11 June 2026 passed by the NCLT, Chandigarh in IA Nos. 1975 and 1991 of 2023 in CP (IB) No. 66/CHD/PB/2019.4 MIN READ↗
NCLAT
Pending resolution professional replacement proceedings do not warrant adjourning long-pending resolution plan approval.
The Appellant, a member of the suspended Board of Directors of Nimitaya Hotel & Resorts Ltd. (“Corporate Debtor”), challenged the NCLT’s order dated 14 August 2026.4 MIN READ↗
NCLAT
Section 65 allegations cannot be raised for the first time in appeal without foundational material.
Axis Trustee Services Limited, acting as debenture trustee, filed a petition under Section 7 of the Insolvency and Bankruptcy Code, 2016 (“IBC”) against Talent Unlimited Online Services Private Limited (“Corporate Deb...4 MIN READ↗
Calcutta High Court
Income-tax department cannot adjust refunds against pre-resolution-plan demands, Calcutta High Court rules
The petitioner was the successful resolution applicant for Binani Cement Ltd., whose Corporate Insolvency Resolution Process commenced on 25 July 2017. The resolution plan submitted by the petitioner was approved by t...4 MIN READ↗
NCLAT
Final DRT adjudication of guarantor liability bars re-agitation of limited-liability claims in Section 114 proceedings.
The appellants were personal guarantors of Archon Engicon Ltd. and had executed a Deed of Guarantee dated 12 June 2014 in favour of the consortium of banks. They relied principally on Clause 24, which stated that the...4 MIN READ↗
NCLAT
Once a higher bid surpasses JFC’s offer, the deposited amount must be refunded forthwith.
The Applicant-Liquidator sought clarification of paragraph 56(iv) of the NCLAT’s earlier judgment dated 29 May 2026, which directed that the deposit of ₹54 crore made by JFC Finance (India) Limited (“JFC”) be returned...3 MIN READ↗
NCLAT
Conversion from an IBC appeal to a Companies Act appeal does not preserve limitation.
The appellant challenged an order dated 8 September 2025 passed in proceedings arising under Sections 433(E) and 433(F) of the Companies Act, 1956, by filing Company Appeal (AT) (Ins.) No. 1874 of 2025 under Section 6...4 MIN READ↗
NCLAT
Appeal against interim status quo order is premature without first seeking its vacation before the Tribunal.
Inlays India Private Limited (“Appellant”) challenged the order dated 4 February 2026 passed by the NCLT, Mumbai Bench, in CP/197(MB)/2025, by which the parties were directed to maintain status quo in proceedings conc...3 MIN READ↗
NCLAT
Restoration costs under Rule 87A(4)(c) must be proportionate to costs actually occasioned by the proceedings.
Ganton Projects Private Limited, originally incorporated as Ganton Aviation Private Limited on 7 September 2011, was subsequently renamed. Its name was struck off the Register of Companies on 7 June 2017 for persisten...3 MIN READ↗
NCLAT
Counsel’s personal inability cannot justify condonation of an unexplained delay in refiling.
The Appellant, acting as liquidator of M/s Brown Packaging Systems Pvt. Ltd., challenged the NCLT Mumbai Bench’s order dated 8 December 2025, which partly allowed his application for remuneration and granted ₹4,00,000...3 MIN READ↗
NCLAT
Appeals by personal guarantors were dismissed after the CoC rejected their revised joint repayment plan.
The five appeals were filed by personal guarantors of the corporate debtor against proceedings involving the Resolution Professional and financial creditors.2 MIN READ↗
Bombay High Court
IBC amendment excluding personal guarantors from interim moratorium applies to pending cases, Bombay High Court rules
The connected writ petitions were filed principally by secured creditors and banks challenging orders of the Debts Recovery Tribunal (“DRT”), Debts Recovery Appellate Tribunal (“DRAT”) and related authorities that res...5 MIN READ↗
Bombay High Court
IBC amendment ending interim moratorium for personal guarantors applies to pending cases, Bombay High Court rules
The connected writ petitions were filed by banks and other secured creditors challenging orders of the Debts Recovery Tribunal, the Debts Recovery Appellate Tribunal and related authorities that restrained recovery, a...4 MIN READ↗
NCLAT
Courts should permit delayed replies to contest merits absent grave prejudice, subject to costs.
Catalyst Trusteeship Limited filed a petition against JUD Cements Limited under Section 7 of the Insolvency and Bankruptcy Code, 2016 (“IBC”), being CP (IB) No. 40 of 2026. Notice was issued on 2 June 2026, and the ap...3 MIN READ↗
NCLAT
Reply filing opportunity may be restored to secure adjudication on merits where no grave prejudice is caused.
Catalyst Trusteeship Limited had initiated proceedings under Section 7 of the Insolvency and Bankruptcy Code, 2016 (“IBC”) in CP (IB) No. 41 of 2026 against JSB Cement LLP.3 MIN READ↗
NCLAT
NCLAT holds suspended directors liable after ₹17.23-crore hypothecated machinery was replaced with lower-value machines
The Corporate Debtor obtained loans of ₹8 crore from Tata Capital Financial Services Ltd. and ₹4 crore from Hero Fincorp Ltd. for purchasing two six-colour C.I. Flexographic Press Machines.4 MIN READ↗
NCLAT
Pending criminal proceedings and PMLA attachment alone do not disqualify a resolution applicant, NCLAT holds
Suraksha Realty Ltd. (“Appellant”) had advanced loans to Mahavir Roads and Infrastructure Pvt. Ltd. (“Corporate Debtor”), allegedly secured by an equitable mortgage. After the Corporate Debtor entered CIRP on 21 Febru...4 MIN READ↗
NCLAT
A dispute over ancillary damages does not defeat Section 9 proceedings for admitted unpaid advances.
The Appellant, a Japanese company, entered into contracts with the Respondent for supply of 1-Bromo Butane and Hydro Bromic Acid 48%. Although certain consignments were supplied, the Respondent failed to supply furthe...4 MIN READ↗
NCLAT
A consent arbitral award does not novate or extinguish a continuing personal guarantee.
M/s Oasis Alcohol Ltd. obtained credit facilities from a consortium of cooperative banks, including Jankalyan Sahakari Bank Ltd. The appellants, including Ravindra Gopalkrishan Agarwal, Sunita Jayprakash Chitkote, Vij...5 MIN READ↗
NCLAT
GNIDA, NOIDA Cannot Claim Secured-Creditor Status Under Lease Deeds Lacking a General First-Charge Clause, NCLAT Rules
The appeals arose from the CIRP of M/s Shubhkamna Buildtech Pvt. Ltd. and challenged the NCLT’s order dated 12.09.2022 approving the revised resolution plan dated 12.10.2019.4 MIN READ↗
NCLAT
NCLT must decide a third party’s Section 60(5) application before finally deciding the Section 7 petition.
Respondent No. 2, Buldana Urban Cooperative Credit Society Ltd., initiated a petition under Section 7 of the Insolvency and Bankruptcy Code, 2016 (“IBC”) against Respondent No. 1, Sachin Ghayal Sugar Pvt. Ltd., before...3 MIN READ↗
Supreme Court
E-filing glitch cannot defeat an IBC appeal: Supreme Court directs NCLAT to consider the litigant’s first bona fide filing attempt as timely
The NCLT, Mumbai approved Ashdan Properties Private Limited’s resolution plan concerning Rolta India Limited on 15 December 2025.4 MIN READ↗
Bombay High Court
Section 29A permits post-expiry extension of an arbitral tribunal’s mandate upon sufficient cause beyond the applicant’s control.
SAP India Private Limited (“Petitioner”) had invoked arbitration against Cox and Kings Limited (“Respondent”) in respect of unpaid amounts under a software and implementation contract.4 MIN READ↗
Supreme Court
Larger Bench to decide whether EPFO can waive Section 14B penalties in insolvency resolution cases
The appeals challenged orders passed at the instance of the Central Board of Trustees/Employees’ Provident Fund Organisation (EPFO), which directed the Successful Resolution Applicants (SRAs) to satisfy provident fund...4 MIN READ↗
NCLAT
NCLAT cannot condone insolvency appeals filed beyond the statutory 45-day limitation period.
The Appellant, Sunil Kumar Dahiya, suspended Director of Vigneshwara Developers Private Limited, challenged the NCLT’s order dated 21 May 2026 reviving the Corporate Insolvency Resolution Process, appointing a new Int...3 MIN READ↗
Gujarat High Court
Clean-slate acquisition of a corporate debtor bars reassessment for its extinguished past liabilities.
The petitioner challenged the notice dated 29 June 2025 issued under Section 148 of the Income Tax Act, 1961, and the consequential order under Section 148A(3), seeking to reopen its assessment for A.Y. 2021–22.4 MIN READ↗
NCLAT
Sham property purchases and round-tripping: NCLAT upholds ₹4.37-crore liability against Linkson International’s suspended directors
Linkson International Ltd. (“Corporate Debtor”) was admitted into CIRP on a petition filed by Punjab National Bank under Section 7 of the Insolvency and Bankruptcy Code, 2016 (“IBC”). The first respondent was appointe...4 MIN READ↗
NCLAT
NCLAT: Liquidation begins on the date of the liquidation order; later regulations cannot retrospectively unsettle a going-concern sale
The appeals arose from the NCLT, Ahmedabad’s order dated 17 June 2026 in I.A. No. 678 of 2026 in C.P. (IB) No. 269 of 2023, by which the application seeking reliefs and concessions for implementation of the sale of th...4 MIN READ↗No articles match these filters.