Delhi High Court
LEGAL SUBJECT
Insolvency and Bankruptcy Law
Judgment analyses where this is the main or secondary subject.Latest analyses
30 ARTICLES
Odisha High Court
Orissa HC Rejects Ferro Alloys’ Review, Leaving Decades-Old Workman Dues Payable Despite IBC Resolution Plan
The petitioner sought review of the Division Bench judgment dated 29 August 2023 dismissing its writ petition against a Labour Court order made under Section 33-C(2) of the Industrial Disputes Act, 1947.2 MIN READ↗
Karnataka High Court
Paint Supplier’s ₹28.4 Lakh Decree Against Buyer Stands, Karnataka HC Cuts Interest From 15% To 9%
AkzoNobel India Ltd. sued Unique Roof Private Limited and its directors to recover ₹31,93,549, with interest, for paints and related materials supplied under purchase orders.2 MIN READ↗
NCLAT
Cotton Supplier’s Interest Claim on Delayed CIRP and Liquidation Payments Fails After Full-and-Final Undertaking, NCLAT Upholds Rejection
The Appellant, an operational creditor and cotton supplier to the Corporate Debtor, claimed outstanding amounts for supplies made during the CIRP and liquidation periods.2 MIN READ↗
CESTAT
CESTAT Allows Drugmaker’s Appeal, Says ₹1.59-Crore Cenvat Demand Is Extinguished If Omitted From Approved Resolution Plan
The appellant was assessed a demand of ₹1,59,88,896, with interest, for allegedly availing inadmissible CENVAT credit on invoices for Methyl Triflate that it was said not to have received; a penalty of ₹40,00,000 was...2 MIN READ↗
Supreme Court
Lender’s Sweeping Project And Board Control: Supreme Court Upholds Its Exclusion From Debtor’s Creditors’ Committee
Saha Infratech Pvt. Ltd. (SIPL) issued debentures subscribed entirely by ECL Finance Ltd. (ECL) and obtained a term-loan facility from ECL.3 MIN READ↗
Bombay High Court
Housing Society Free To Appoint New Developer As Bombay HC Says IBC Moratorium Does Not Bar Developer’s Counterclaim
The parties entered into a development agreement in 2010 for redevelopment of the Society’s property.3 MIN READ↗
Supreme Court
CoC Cannot Withdraw Approved Resolution Plan Once It Reaches NCLT, Even If Debtor’s Finances Improve: Supreme Court
The Committee of Creditors (CoC) approved a resolution plan for the corporate debtor, providing for a resolution amount of ₹172.55 crore.3 MIN READ↗
Karnataka High Court
Section 32A IBC immunises the corporate debtor, not former directors involved in offences.
Respondent No. 2 alleged that he invested ₹4.20 crore with the petitioners on an agreement that they would repay ₹6.19 crore; cheques issued towards repayment were dishonoured.3 MIN READ↗
Madras High Court
A sale-agreement claim cannot defeat insolvency creditors when consideration is unproved and the transaction is suspicious.
The applicants sought a direction requiring the Official Assignee to execute sale deeds for Plots 25–29, relying on an agreement of sale said to have been made by their predecessors-in-interest with the insolvents and...2 MIN READ↗
Madras High Court
Madras HC says 63 Moons’ compensation claim against DHFL auditor must be pursued through insolvency process
63 Moons Technologies Limited sued, among others, the applicant, a statutory auditor of Dewan Housing Finance Corporation Limited (DHFL), seeking approximately ₹231.6 crore in compensation, alleging that fraudulent co...3 MIN READ↗
Supreme Court
NCLT can decide property disputes central to insolvency, Supreme Court rules in resort possession case
Pancard Clubs Limited, the corporate debtor, owned a developed resort.3 MIN READ↗
Supreme Court
Authenticated Information Utility default records can establish insolvency default unless rebutted by compelling evidence, Supreme Court rules
Piramal Finance extended term-loan and rolling-credit facilities to GSTAAD Hotels Pvt. Ltd. and Neo Capricorn Plaza Pvt. Ltd.3 MIN READ↗
Bombay High Court
Stamp duty on property bought in IBC liquidation must be based on auction price, not ASR valuation, Bombay High Court rules
Harneshwar Agro Products Power and Yeast (I) Ltd. was ordered into liquidation by the NCLT, which appointed a liquidator under the Insolvency and Bankruptcy Code, 2016 (IBC).3 MIN READ↗
Calcutta High Court
Court-ordered liquidation sale overrides lease clause requiring State consent, Calcutta High Court rules
The State had granted a lease of the disputed land to Himalaya Rubber Products Ltd. in 1978 for an industrial estate.3 MIN READ↗
Madras High Court
A principal borrower’s IBC insolvency or discharge does not absolve its guarantor of liability.
The petitioner was a guarantor for a loan and had deposited title and mortgage documents relating to his property with the Bank.2 MIN READ↗
Madras High Court
The Official Assignee need not be impleaded for clarificatory execution amendments, but Section 18(3) governs the merits.
The decree-holders obtained money decrees against N. Sonai Muthu and filed execution petitions in 2016.2 MIN READ↗
Bombay High Court
IBC interim moratorium does not shield personal guarantors to corporate debtors under 2026 amendment, Bombay High Court rules
Universal Textile Waterproof Co. (India), a partnership firm, borrowed ₹6 crore from NKGSB Co-operative Bank in 2012; its partners, Amrit Rajani and Pooja Rajani, guaranteed the facility.3 MIN READ↗
Supreme Court
IBC haircut does not bar creditor from using its extinguished claim as a set-off in arbitration, Supreme Court rules
Modern Asset and KNK Construction entered into a construction contract containing an arbitration clause.3 MIN READ↗
Madras High Court
Substantial questions of law remain unanswered while the Revenue’s claims are pending before the Supreme Court.
The Revenue filed two appeals concerning assessment year 2007–08: TCA No. 1 of 2014 challenged the Tribunal’s order on the merits, and TCA No. 908 of 2015 challenged its order concerning penalty under Section 271(1)(c...2 MIN READ↗
NCLAT
Failure to elect realization within 30 days deems security relinquished to the liquidation estate.
Tata Capital claimed a security interest over the Corporate Debtor’s assets and filed Form D on 1 October 2024, after liquidation commenced on 13 August 2024.3 MIN READ↗
Delhi High Court
Continuing contractual obligations may generate fresh arbitral disputes despite an earlier invocation.
The petitioner entered into a registered Agreement to Sell (ATS) dated 30 April 2012 with Respondent No. 1 as vendor; Respondent No. 2 was the confirming party.4 MIN READ↗
Delhi High Court
Continuing contractual obligations may generate fresh arbitral disputes despite an earlier invocation.
The petitioner entered into a registered Agreement to Sell (ATS) dated 30 April 2012 with Respondent No. 1 as vendor; Respondent No. 2 was the confirming party.4 MIN READ↗
Gujarat High Court
Gujarat High Court quashes tax reassessment of Reliance Infratel for period before resolution plan took effect
Reliance Infratel Limited (RITL) underwent a corporate insolvency resolution process.2 MIN READ↗
Bombay High Court
An unregistered assignment agreement cannot support specific performance against a company in liquidation.
The Applicants sought an order requiring the Official Liquidator to convey four tenanted properties in Lalbaug to them under an unregistered Deed of Assignment dated 7 May 2013, or alternatively to recognize their cla...2 MIN READ↗
Delhi High Court
IBC “clean slate” principle requires DGFT to remove company from denied-entry list over pre-CIRP export defaults, Delhi High Court rules
The petitioner challenged ten orders placing its Importer Exporter Code on the Denied Entry List (DEL) for alleged non-fulfilment of export obligations under Advance and EPCG Authorisations.2 MIN READ↗
Karnataka High Court
A lessee’s apprehension of dispossession during liquidation should be raised before the NCLT.
The plaintiff, claiming to be a lessee in possession of property belonging to the first defendant company, which was in liquidation, filed a suit for a permanent injunction against forcible dispossession and interfere...2 MIN READ↗
Patna High Court
A pending suit involving a company in liquidation cannot proceed without NCLT leave.
The appellant, a subcontractor of M/s Tecpro Systems Limited (respondent no. 4), sued for outstanding payments and release of its equipment after the principal contract was terminated. The suit sought relief against b...3 MIN READ↗
Madras High Court
Parties are bound by an approved resolution plan, rendering related tax-demand writs unnecessary to decide.
Aircel Limited and Aircel Cellular Limited filed six writ petitions concerning their income-tax returns for Assessment Year 2008–09.2 MIN READ↗
Madras High Court
A creditor’s insolvency petition requires a statutory act of insolvency, not mere nonpayment or attempted alienation.
Respondents 1–9 presented I.P. No. 4 of 2016 seeking to have the appellant and respondents 10–14 adjudged insolvent.3 MIN READ↗No articles match these filters.