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Channel Posts
NCLT-Kolkata Bench
Whether a single allottee under a real estate project can maintain an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 without satisfying the threshold in the second proviso to Section 7(1)?
Insolvency and Bankruptcy Code, 2016, Sections 7(1) and 5(8)(f); Insolvency and Bankruptcy Code (Amendment) Act, 2020, Section 3 – issue was whether the applicant, an allottee in a real estate project, could trigger CIRP without meeting the homebuyer threshold under the second proviso to Section 7(1). Held that the applicant fell within the category of allottee under a real estate....
Read More: https://ibclaw.in/ashley-brian-hyams-vs-greentech-city-pvt-ltd-nclt-kolkata-bench/
Reported at: (2026) ibclaw.in 2248 NCLT
Bench: Ms. Bidisha Banerjee (Judicial Member) and Shri Cmde Siddharth Mishra (Retd.) (Technical Member)
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| 2 | NCLT-New Delhi Bench Court-II
Whether unpaid employment dues can sustain a Section 9 application under the Insolvency and Bankruptcy Code, 2016 when part of the claim falls within Section 10A, interest is unsupported by agreement, and a pre-existing dispute exists as to the quantum payable?
Insolvency and Bankruptcy Code, 2016 – Sections 4, 5(21), 8, 9 and 10A; Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 – Rules 5 and 6 – employee filed Section 9 application for unpaid employment dues and interest. Held that employment dues are included within “operational debt” under Section 5(21), and a petition under Section 9 can in principle....
Read More: https://ibclaw.in/capt-devesh-bbyan-vs-spicejet-ltd-nclt-new-delhi-bench/
Reported at: (2026) ibclaw.in 2162 NCLT
Bench: Shri Mahendra Khandelwal (Judicial Member) and Ms. Anu Jagmohan Singh (Technical Member)
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| 3 | NCLT-New Delhi Bench
Whether a company petition dismissed for non-prosecution can be restored despite the restoration application being filed beyond the 30-day period under Rule 48(2) of the National Company Law Tribunal Rules, 2016, by invoking Rule 11 on sufficient cause being shown?
National Company Law Tribunal Rules, 2016 – Rule 11, Rule 48 – restoration of petition dismissed for non-prosecution – application filed beyond 30 days. The petition under Section 10 of the Insolvency and Bankruptcy Code, 2016 had been dismissed for want of prosecution on the basis that on the previous date no one had appeared for the applicant and the....
Read More: https://ibclaw.in/zeal-impressions-pvt-ltd-nclt-new-delhi-bench/
Reported at: (2026) ibclaw.in 2163 NCLT
Bench: Mr. Manni Sankariah Shanmuga Sundaram (Judicial Member) and Ms. Reena Sinha Puri (Technical Member)
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| 4 | NCLT-Bengaluru Bench
Whether expenses incurred by the Resolution Professional in complying with Enforcement Directorate summons under the PMLA form part of CIRP costs under Sections 5(13) and 25 of the Insolvency and Bankruptcy Code, 2016?
Insolvency and Bankruptcy Code, 2016, Sections 5(13), 25 and 60(5); Prevention of Money Laundering Act, 2002, Section 50 – claim for reimbursement of expenses incurred by the Resolution Professional in complying with Enforcement Directorate summons during CIRP – whether such expenditure constituted CIRP costs. Held that the summons required the Resolution Professional to produce records, appear, and provide explanations in....
Read More: https://ibclaw.in/aneetha-subramaniam-liquidator-vs-jammu-kashmir-bank-and-ors-nclt-bengaluru-bench/
Reported at: (2026) ibclaw.in 2297 NCLT
Bench: Shri Sunil Kumar Aggarwal (Judicial Member) and Shri Radhakrishna Sreepada (Technical Member)
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| 5 | NCLT-Hyderabad Bench
Whether a claim arising from import facilitation, high sea sale of goods, pledge, letters of credit, and an arbitral award can be classified as a financial debt under Section 5(8) of the Insolvency and Bankruptcy Code, 2016?
Insolvency and Bankruptcy Code, 2016, Sections 5(8) and 60(5); National Company Law Tribunal Rules, 2016, Rule 11 — issue was whether a claim founded on import facilitation, Letter of Credit and Buyer’s Credit arrangements, High Sea Sale Contract, Deed of Pledge, and an arbitral award could be treated as financial debt. Held that the underlying transaction was essentially a commercial....
Read More: https://ibclaw.in/pec-ltd-vs-k-sivalingam-rp-of-ncs-sugars-ltd-nclt-hyderabad-bench/
Reported at: (2026) ibclaw.in 2204 NCLT
Bench: Shri Rajeev Bhardwaj (Judicial Member) and Shri Sanjay Puri (Technical Member)
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| 6 | NCLT-Jaipur Bench
Whether a Corporate Debtor can seek deferment of a Section 7 proceeding on the basis of mediation said to be underway when the fact of mediation was available earlier but was not placed before the Bench or the third Member, and whether the IRP proposed by the Financial Creditor can be replaced merely on an allegation of likely bias and location inconvenience?
Companies Act, 2013, Section 419(5); Insolvency and Bankruptcy Code, 2016, Sections 7 and 7(3); National Company Law Tribunal Rules, 2016, Rule 11 – Corporate Debtor sought deferment of further orders in a Section 7 petition on the basis of pending mediation before the Delhi High Court and also sought replacement of the IRP proposed by the Financial Creditor. Held that....
Read More: https://ibclaw.in/shantanu-investments-pvt-ltd-vs-aksh-optifibre-ltd-nclt-jaipur-bench/
Reported at: (2026) ibclaw.in 2217 NCLT
Bench: Ms. Reeta Kohli (Judicial Member) and Ms. Kavita Bhatnagar (Technical Member)
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Not just legal news —IBC Laws delivers a full-stack legal research platform, Check More Features: https://ibclaw.in/subscription/ | 9 |
| 7 | NCLT-Bengaluru Bench
Whether, after approval and implementation of a Resolution Plan under Section 31 of the Insolvency and Bankruptcy Code, 2016, the Adjudicating Authority can reopen the CIRP and order a fresh forensic investigation on the basis of allegations founded on material already available during the CIRP?
Companies Act, 2013, Section 420(2)(c); Insolvency and Bankruptcy Code, 2016, Sections 31, 53 and 61 – operational creditor sought recall/review of resolution plan approved on 15.02.2023, forensic audit, investigation into alleged fraudulent, preferential and undervalued transactions, and action against the erstwhile RP. Held that the resolution plan had attained finality, no appeal having been filed under the statutory mechanism, and....
Read More: https://ibclaw.in/yogitha-vijaykumar-vs-shirley-mathew-ersthwhile-rp-of-maylari-agro-products-ltd-nclt-bengaluru-bench/
Reported at: (2026) ibclaw.in 2308 NCLT
Bench: Shri Sunil Kumar Aggarwal (Judicial Member) and Shri Radhakrishna Sreepada (Technical Member)
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| 8 | NCLT-Hyderabad Bench
Whether an auction purchaser of assets sold in liquidation from a unit situated in a notified SEZ is liable to pay customs duty on clearance of goods from SEZ to DTA under Section 30 of the SEZ Act and the auction sale terms?
Insolvency and Bankruptcy Code, 2016 – Sections 60(5), 238; Special Economic Zones Act, 2005 – Section 30; Special Economic Zones Rules, 2006 – Rule 48; Customs Act, 1962 – Section 108. Dispute concerned whether customs duty on assets sold during liquidation by a Corporate Debtor situated in a notified SEZ could be recovered from the successful auction purchaser. Held that....
Read More: https://ibclaw.in/saffire-ispat-pvt-ltd-vs-directorate-of-revenue-intelligence-and-anr-nclt-hyderabad-bench/
Reported at: (2026) ibclaw.in 2215 NCLT
Bench: Shri Rajeev Bhardwaj (Judicial Member) and Shri Sanjay Puri (Technical Member)
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| 9 | NCLT-Ahmedabad Bench
Whether a Section 7 application against a corporate guarantor can be admitted without first proceeding against the principal borrower’s secured asset when the principal borrower is already undergoing CIRP and the guarantor admits the guarantee and liability?
Insolvency and Bankruptcy Code, 2016 – Sections 7, 14, 15, 60(2), 60(3); Indian Contract Act, 1872 – Section 128 – Section 7 petition was filed against the corporate guarantor after recall of a Rs. 4 crore loan granted to the principal borrower. The corporate debtor did not dispute execution of the deed of guarantee and admitted liability, but contended that....
Read More: https://ibclaw.in/krishkan-investment-pvt-ltd-vs-utkal-steels-ltd-nclt-ahmedabad-bench/
Reported at: (2026) ibclaw.in 2173 NCLT
Bench: Smt. Chitra Ram Hankare (Judicial Member) and Shri Velamur Govindan Venkata Chalapathy (Technical Member)
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| 10 | NCLT-Hyderabad Bench
Whether sale of the Corporate Debtor’s immovable properties fourteen days before commencement of CIRP for consideration substantially below the notified guideline value constituted an undervalued transaction under Section 45(2)(b) of the Insolvency and Bankruptcy Code, 2016?
Insolvency and Bankruptcy Code, 2016 – Sections 45, 46 and 48 – question was whether two sale deeds executed by the Corporate Debtor on 10.04.2023, fourteen days before commencement of CIRP on 24.04.2023, were undervalued transactions. Held that Section 45(2)(b) required proof of transfer of the Corporate Debtor’s asset, consideration significantly less than the asset value, and that the transaction....
Read More: https://ibclaw.in/dr-kondapalli-venkat-srinivas-liquidator-of-saibhaskar-irons-ltd-vs-ratnagiri-babu-madala-and-ors-nclt-hyderabad-bench/
Reported at: (2026) ibclaw.in 2207 NCLT
Bench: Shri Rajeev Bhardwaj (Judicial Member) and Shri Sanjay Puri (Technical Member)
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Not just legal news —IBC Laws delivers a full-stack legal research platform, Check More Features: https://ibclaw.in/subscription/ | 12 |
| 11 | NCLT-Hyderabad Bench
Whether an auction purchaser who bought assets in liquidation on an "as is where is", "as is what is", "whatever there is" and "no recourse" basis, with specific disclosure of an outstanding property tax demand, can seek quashing of the demand notice on the ground that pre-liquidation liabilities stood extinguished under Section 53 of the Insolvency and Bankruptcy Code, 2016?
Insolvency and Bankruptcy Code, 2016, Sections 53 and 60(5); IBBI (Liquidation Process) Regulations, 2016, Regulation 32(a) to 32(d) – issue was whether an auction purchaser of liquidation assets could avoid a specifically disclosed municipal property tax demand by invoking extinguishment of pre-liquidation liabilities under the process memorandum and Section 53. Held that the subject properties were sold on an “as....
Read More: https://ibclaw.in/puissant-global-pvt-ltd-vs-office-of-the-commissioner-bhoothpur-municipality-and-ors-nclt-hyderabad-bench/
Reported at: (2026) ibclaw.in 2216 NCLT
Bench: Shri Rajeev Bhardwaj (Judicial Member) and Shri Sanjay Puri (Technical Member)
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| 12 | NCLT-Mumbai Bench
Whether repayments to certain parties and journal-entry write-offs or balance transfers could be avoided under Sections 43 and 66 of the Insolvency and Bankruptcy Code, 2016 when the Resolution Professional had not established the nature of the debt, the Section 53 effect, or the involvement of the impleaded directors at the relevant time?
Insolvency and Bankruptcy Code, 2016, Sections 43, 53, 66, 60(5) and 5(24); IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016, Regulation 35A. RP sought avoidance of alleged preferential repayments and fraudulent book entries. Held that delay in filing beyond Regulation 35A was liable to be condoned as the timelines are directory. Non-charging of interest on advances to Respondents 6....
Read More: https://ibclaw.in/npv-insolvency-professionals-pvt-ltd-rp-vs-vipinkumar-k-chaturvedi-and-ors-nclt-mumbai-bench/
Reported at: (2026) ibclaw.in 2257 NCLT
Bench: Shri Sushil Mahadeorao Kochey (Judicial Member) and Mr. Prabhat Kumar (Technical Member)
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| 13 | NCLT-Hyderabad Bench
Whether a personal guarantor can be declared bankrupt under Sections 121 and 123 of the Insolvency and Bankruptcy Code, 2016 when no repayment plan is submitted after admission of insolvency proceedings under Section 95?
Insolvency and Bankruptcy Code, 2016, Sections 95, 121, 123 and 125 read with Rule 7 of the Insolvency and Bankruptcy (Application to Adjudicating Authority for Bankruptcy Process for Personal Guarantor/s to Corporate Debtor/s) Rules, 2019 – application for bankruptcy of personal guarantor after earlier admission of insolvency proceedings under Section 95 and failure to submit repayment plan. Held that the....
Read More: https://ibclaw.in/state-bank-of-india-vs-kailash-chandra-agarwal-and-anr-nclt-hyderabad-bench/
Reported at: (2026) ibclaw.in 2200 NCLT
Bench: Shri Rajeev Bhardwaj (Judicial Member) and Shri Sanjay Puri (Technical Member)
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| 14 | NCLT-Hyderabad Bench
Whether a personal guarantor can be adjudged bankrupt under Sections 121 and 123 of the Insolvency and Bankruptcy Code, 2016 when, after admission under Section 95, no repayment plan is submitted and the resolution professional seeks closure of insolvency proceedings with liberty to initiate bankruptcy proceedings?
Insolvency and Bankruptcy Code, 2016 – Sections 95, 121, 123, 125, 126(2), 128, 130, 136, 138, 140, 141, 154, 155(2); Insolvency and Bankruptcy (Application to Adjudicating Authority for Bankruptcy Process for Personal Guarantor/s to Corporate Debtor/s) Rules, 2019 – Rule 7 – Application for bankruptcy against personal guarantor after earlier admission of insolvency proceedings under Section 95 and failure to....
Read More: https://ibclaw.in/state-bank-of-india-vs-akash-agarwal-and-anr-nclt-hyderabad-bench/
Reported at: (2026) ibclaw.in 2205 NCLT
Bench: Shri Rajeev Bhardwaj (Judicial Member) and Shri Sanjay Puri (Technical Member)
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Not just legal news —IBC Laws delivers a full-stack legal research platform, Check More Features: https://ibclaw.in/subscription/ | 18 |
| 15 | NCLT-Mumbai Bench
Whether routine campaign-performance communications and subsequent assurances to clear dues constituted a pre-existing dispute barring admission of a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016?
Insolvency and Bankruptcy Code, 2016, Sections 8, 9, 3(11), 3(12), 5(20), 5(21), 4 and 14; Indian Contract Act, 1872, Section 56 – Section 9 petition by operational creditor for unpaid digital advertising invoices was resisted on grounds of campaign underperformance, ongoing reconciliation, and frustration due to subsequent online gaming legislation. Held that the emails relied on by the corporate debtor....
Read More: https://ibclaw.in/one-97-communication-ltd-vs-fabzen-technologies-pvt-ltd-nclt-mumbai-bench/
Reported at: (2026) ibclaw.in 2272 NCLT
Bench: Shri Nilesh Sharma (Judicial Member) and Shri Sameer Kakar (Technical Member)
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| 16 | NCLT-Ahmedabad Bench
Whether a Section 7 application under the Insolvency and Bankruptcy Code, 2016 is liable to be admitted when financial debt above the threshold and default from 01.07.2024 are established, despite pending OTS proposals, settlement efforts, and objections alleging mala fides and coercive recovery?
Insolvency and Bankruptcy Code, 2016, Sections 7, 7(5), 14, 15, 60(5) and 65(1) – Section 7 petition by financial creditor for initiation of CIRP – corporate debtor opposed maintainability on grounds of suppression, disputed dues, limitation, lack of authority, pending SARFAESI proceedings, OTS proposals and settlement efforts, and also sought rejection of the petition and directions for asset inspection by....
Read More: https://ibclaw.in/state-bank-of-india-vs-varidhi-cotspin-pvt-ltd-nclt-ahmedabad-bench/
Reported at: (2026) ibclaw.in 2286 NCLT
Bench: Smt. Chitra Ram Hankare (Judicial Member) and Shri Velamur Govindan Venkata Chalapathy (Technical Member)
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| 17 | NCLT-Bengaluru Bench
Whether appointment of a Resolution Professional on the basis of the Financial Creditor’s proposed name, without a separate nomination from the IBBI under Section 97(4) of the Insolvency and Bankruptcy Code, 2016, is liable to be recalled in personal guarantor insolvency proceedings?
Insolvency and Bankruptcy Code, 2016 – Sections 60(5), 95, 96, 97(3), 97(4), 97(5), 99; Insolvency and Bankruptcy (Application to Adjudicating Authority for Insolvency Resolution Process for Personal Guarantors to Corporate Debtors) Rules, 2019 – Rule 8 – application by personal guarantor sought recall of order appointing Resolution Professional on the ground that, in a creditor-filed Section 95 petition, nomination ought....
Read More: https://ibclaw.in/vasant-v-patil-vs-karnataka-state-co-operative-apex-bank-ltd-and-anr-nclt-bengaluru-bench/
Reported at: (2026) ibclaw.in 2303 NCLT
Bench: Shri Sunil Kumar Aggarwal (Judicial Member) and Shri Radhakrishna Sreepada (Technical Member)
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| 18 | NCLT-Bengaluru Bench
Whether appointment of a Resolution Professional in a personal guarantor insolvency proceeding is liable to be recalled for non-compliance with Sections 97(3), 97(4) and 97(5) of the Insolvency and Bankruptcy Code, 2016 when the professional was appointed from a name proposed by the financial creditor without a separate nomination from the IBBI?
Insolvency and Bankruptcy Code, 2016 – Sections 95, 96, 97(3), 97(4), 97(5), 99; Insolvency and Bankruptcy (Application to Adjudicating Authority for Insolvency Resolution Process for Personal Guarantors to Corporate Debtors) Rules, 2019 – Rule 8 – personal guarantor sought recall of order appointing Resolution Professional on the ground that, in a creditor-filed Section 95 application, the Adjudicating Authority had to....
Read More: https://ibclaw.in/ramesh-l-jarkiholi-vs-karnataka-state-co-operative-apex-bank-ltd-and-anr-nclt-bengaluru-bench/
Reported at: (2026) ibclaw.in 2304 NCLT
Bench: Shri Sunil Kumar Aggarwal (Judicial Member) and Shri Radhakrishna Sreepada (Technical Member)
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| 19 | NCLT-Ahmedabad Bench
Whether the Resolution Professional can invoke Section 60(5) of the Insolvency and Bankruptcy Code, 2016 to secure return and preservation of leased vehicles owned by the Corporate Debtor while disputed monetary claims under the lease arrangements remain unadjudicated?
Insolvency and Bankruptcy Code, 2016 – Sections 18(1)(f), 25(2)(a), 60(5), 238; National Company Law Tribunal Rules, 2016 – Rule 11 – RP sought return of leased EV vehicles owned by the Corporate Debtor and recovery of outstanding lease dues. Respondent disputed the monetary claim on the basis of contractual disputes, security deposit, reciprocal claims and arbitration clause, though it acknowledged....
Read More: https://ibclaw.in/keshav-khaneja-rp-of-gensol-ev-lease-ltd-vs-omega-seiki-mobility-pvt-ltd-and-ors-nclt-ahmedabad-bench/
Reported at: (2026) ibclaw.in 2292 NCLT
Bench: Mr. Shammi Khan (Judicial Member) and Mr. Sanjeev Sharma (Technical Member)
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| 20 | NCLT-Ahmedabad Bench
Whether a claim for transfer of an immovable property promised as a performance incentive on achieving sales targets constitutes an operational debt under Sections 5(21) and 9 of the Insolvency and Bankruptcy Code, 2016?
Insolvency and Bankruptcy Code, 2016, Sections 3(11), 3(12), 5(21), 8 and 9 – Section 9 petition was based on an alleged promise by the Corporate Debtor to transfer a flat or commercial office worth Rs. 1.2 crore if the applicant achieved a sales target of Rs. 6 crore under an incentive scheme. The applicant asserted target achievement, issuance of demand....
Read More: https://ibclaw.in/green-consultancy-vs-jhaveri-spices-pvt-ltd-nclt-ahmedabad-bench/
Reported at: (2026) ibclaw.in 2289 NCLT
Bench: Smt. Chitra Ram Hankare (Judicial Member) and Shri Velamur Govindan Venkata Chalapathy (Technical Member)
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