Supreme Court
LEGAL SUBJECT
Insolvency and Bankruptcy Law
Judgment analyses where this is the main or secondary subject.Latest analyses
30 ARTICLES
Delhi High Court
IBC moratorium does not shield company directors from cheque-bounce prosecution, Delhi HC rules
The respondent had booked a residential unit in a project developed by M/s Unnati Fortune Holdings Ltd. (“Company”). Following delay in completion, the parties executed a Memorandum of Settlement dated 07.12.2018, und...4 MIN READ↗
Madhya Pradesh High Court
Winding-up proceedings render challenges to prior asset auctions infructuous; claims must be pursued before the Liquidator.
M/s Kabra Agro Industries’ factory premises and property were auctioned by the Commercial Tax Department in recovery proceedings for outstanding dues. The auction was held on 20.12.2002, in which M/s Arjunlal Palia wa...4 MIN READ↗
Delhi High Court
IBC moratorium does not shield company directors from cheque-bounce prosecution, Delhi HC rules
The respondent had booked a residential unit in a project developed by M/s Unnati Fortune Holdings Ltd. (“Company”). Following delay in completion, the parties executed a Memorandum of Settlement dated 07.12.2018, und...4 MIN READ↗
Delhi High Court
Arbitral award claim omitted from CIRP extinguished; Delhi HC orders return of ₹5.52 crore deposited during challenge
Bharat Heavy Electricals Limited invited bids for two barrel-type blender reclaimers. McNally Bharat Engineering Company Limited (“MBECL”) engaged Metso India Pvt. Ltd. (“Metso”) to provide technical and commercial in...4 MIN READ↗
Bombay High Court
Amended IBC Section 96(4) applies to pending personal-guarantor insolvency applications, Bombay High Court holds
Tata Capital Financial Services Limited, subsequently renamed Tata Capital Limited pursuant to a scheme of arrangement, extended financial assistance to Respondent No. 1, Neel Motors LLP, under a Channel Finance Agree...4 MIN READ↗
Delhi High Court
Filing for individual insolvency will not stall criminal proceedings for cheque bounce, rules Delhi High Court.
The petitioner filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) following the dishonor of four cheques totaling ₹20 lakhs, which were issued to repay a friendly loan.2 MIN READ↗
Supreme Court
Moratorium under Section 14 IBC applies only to Corporate Debtors, not to Directors or Promoters.
The appellants are homebuyers who entered into construction and sale agreements in 2016 with Respondent No. 1 (the developer) for residential apartments, with possession due by December 2018.2 MIN READ↗
Delhi High Court
Writ Jurisdiction Under Article 226 Cannot Be Invoked When Efficacious Statutory Remedies Exist For Fraud And Asset Recovery
The Petitioner, a financial creditor of Three C Shelters Pvt. Ltd. ("Three C"), filed a writ petition seeking to correct company master data on the Ministry of Corporate Affairs (MCA) portal and for an investigation i...3 MIN READ↗
Supreme Court
Recovery Certificates Issued by DRTs Cannot Form the Basis of Insolvency Notices Under Section 9(2).
The Appellant-Bank extended credit facilities to a company where the original respondent (Kishore K. Mehta) was a director and personal guarantor2 MIN READ↗
Delhi High Court
LEGAL HEADLINE SICA protection does not bar suits for possession and mesne profits against sick industrial companies.
The Respondent (Plaintiff) is the owner of a commercial flat in Nehru Place, New Delhi, which was let to the Appellant (a Public Sector Undertaking) in 1979.3 MIN READ↗
Madhya Pradesh High Court
Moratorium protection extends to joint ventures and project entities expressly included in a court-sanctioned resolution framework.
The Appellant is a Joint Venture (JV) company of the Unitech Group, developing residential and commercial projects in Bhopal.3 MIN READ↗
Karnataka High Court
### Post-Admission Transfer to NCLT Is Discretionary and Barred Where Irreversible Liquidaton Steps Are Taken
In 2010, a petition was filed for the winding up of the Respondent Company due to unpaid debts.3 MIN READ↗
Appellate Tribunal For Electricity
Reiterating previously established conditional liabilities does not constitute a fresh determination or violation of insolvency moratoriums.
The Appellant (formerly ESSAR Steel India Ltd., "ESIL") was granted regional entity status and connected to the Central Grid by the Central Electricity Regulatory Commission (CERC) in 2013, subject to paying Cross Sub...2 MIN READ↗
Gujarat High Court
Reassessment cannot be initiated on surmises or for liabilities extinguished under IBC 'clean slate' principle.
The petitioner company underwent Corporate Insolvency Resolution Process (CIRP) starting 19.12.20172 MIN READ↗
Appellate Tribunal For Electricity
Approval of Resolution Plan does not extinguish proceedings intended to protect or enhance the Corporate Debtor’s assets.
The Appellant (PCKL) challenged two orders of the Maharashtra Electricity Regulatory Commission (MERC) dated 27th and 28th April 2015.2 MIN READ↗
Bombay High Court
Mutation Entries Without Registered Instruments Executed Within Six Months of Winding Up Constitute Void Fraudulent Preference
The Company (Indage Vineyard Pvt. Ltd.) acquired agricultural land (“Subject Property”) in 2008 for Rs. 84.50 lakhs2 MIN READ↗
Bombay High Court
Decree holds no pre-condition for lodging insolvency claims; Official Assignee must adjudicate based on all supporting documents.
The Official Assignee (OA) refused to process claims lodged by creditors against insolvents unless the claims were backed by a formal decree or order from a competent court.2 MIN READ↗
Delhi High Court
Approved Resolution Plan Extinguishes Undecided Claims and Ousts Arbitral Jurisdiction Over Pre-Insolvency Disputes
The Petitioner (MBL) was awarded a contract by Haryana PWD for road construction and subsequently issued a work order to the Respondent on November 22, 2012, for piling work3 MIN READ↗
Delhi High Court
Arbitral Award renders unenforceable if claims are not part of a NCLT-approved Resolution Plan.
The Petitioner (MBL) was awarded a contract by NHAI for bridge construction in Bihar2 MIN READ↗
Delhi High Court
Substantial completion of sale transactions prior to winding-up is not fraudulent preference and protects bona fide purchasers.
14 applicants invested in a residential housing scheme floated by M/s JVG Finance Ltd. in Hyderabad in 1995.2 MIN READ↗
Supreme Court
Judicial Decisions Based on Fabricated AI-Generated Precedents are Coram Non Judice and Legally Unsustainable
The Appellant, a suspended director of Essel Infraprojects Ltd. (EIL), challenged the initiation of the Corporate Insolvency Resolution Process (CIRP) against EIL2 MIN READ↗
Patna High Court
Writ petition against company in liquidation is non-maintainable without leave of the Company Court.
The petitioner, an employee of the Bihar State Small Industries Corporation Ltd. (a company in liquidation), filed a writ petition seeking payment of outstanding dues2 MIN READ↗
Calcutta High Court
Refusal of ad interim injunction upheld where threshold interest in property lacks documentary corroboration.
The appellant (plaintiff) filed a suit seeking a declaration that a consent decree dated August 23, 2022, passed in a separate suit, is null and void2 MIN READ↗
Bombay High Court
Moratorium under Section 14 of IBC does not bar grant of deemed conveyance under MOFA.
The Petitioner, a cooperative housing society formed in 1991, sought a deemed conveyance of land and building after the original promoter (Respondent No. 3) failed to execute the transfer as required by Section 11 of...3 MIN READ↗
Karnataka High Court
Adjudication Order is a Condition Precedent for Staying Civil Suits Under Section 29 of Provincial Insolvency Act
The petitioner (defendant) is an individual against whom the respondent-Bank instituted a recovery suit (O.S. No. 118/2018) for unpaid dues2 MIN READ↗
Karnataka High Court
Adjudicating Authority has inherent power to determine locus standi and jurisdictional facts before entertaining Section 94 IBC applications.
The Petitioner, a director/associate of a company (Respondent No. 2), filed an application under Section 94(1) of the Insolvency and Bankruptcy Code, 2016 (IBC) before the NCLT, Bengaluru, seeking to initiate the inso...2 MIN READ↗
Bombay High Court
Interim Moratorium Under Section 96 of IBC Operates In Rem Against the Debt Staying All Proceedings Against Co-guarantors
The Petitioners were guarantors for financial assistance (cash credits and term loans) provided by Respondent No. 1 Bank to M/s. Nirmangold Alloys Pvt. Ltd. and M/s. Nirmangold Plasttech Pvt. Ltd.3 MIN READ↗
Bombay High Court
Maritime Liens for Damage to Property Take Priority Over Registered Mortgages Under the Admiralty Act, 2017.
The Applicant/Plaintiff, a decree holder based on a registered mortgage on the vessel MT Prem Mala, sought a determination of priorities and the release of sale proceeds currently deposited with the High Court3 MIN READ↗
Bombay High Court
Approval of resolution plan under Section 32A IBC extinguishes prior MPID Act property attachments.
The Petitioner is the Successful Resolution Applicant (SRA) for the Corporate Debtor (CD), M/s. Abhirama Steels Limited. In 2008, the CD purchased the subject immovable property and subsequently mortgaged it to Indian...3 MIN READ↗No articles match these filters.