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Channel Posts
NCLAT-New Delhi
Amount paid towards subscription of shares/warrants, absent repayment obligation, did not constitute financial debt under Section 5(8) or Section 5(8)(f) of IBC
Insolvency and Bankruptcy Code, 2016, Sections 3(12), 5(7), 5(8), 5(8)(f) and 7; Companies Act, 2013, Section 42(6) – question was whether amounts paid under a Subscription and Shareholders Agreement towards investor shares and warrants, later assigned to the appellant, could be treated as financial debt on the footing that the transaction had the commercial effect of borrowing. Held that a....
Read More: https://ibclaw.in/metamorphosis-trading-llp-vs-kumar-motors-pvt-ltd-nclat-new-delhi/
Reported at: (2026) ibclaw.in 822 NCLAT
Bench: Mr. Justice Mohammad Faiz Alam Khan (Judicial Member) and Shri Ajai Das Mehrotra (Technical Member)
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| 2 | NCLAT-New Delhi
Whether a financial creditor who is also the resolution applicant can vote on and secure approval of its own resolution plan under the proviso to Section 30(5) of the Insolvency and Bankruptcy Code, 2016, and whether the plan could be rejected on that ground and on the alleged non-compliances found by the Adjudicating Authority?
Insolvency and Bankruptcy Code, 2016 – Sections 30(2), 30(4), 30(5), 30(6), 31, 53, 238; CIRP Regulations, 2016 – Regulations 38(1)(b), 38(1B), 38(3), 39(3)(b), 39(4), Form-H; Customs Act, 1962 – Section 142A – issue was whether the NCLT could reject a CoC-approved resolution plan because the successful resolution applicant was itself the majority financial creditor and had voted on its own....
Read More: https://ibclaw.in/micro-capitals-pvt-ltd-vs-commissioner-of-income-tax-and-ors-nclat-new-delhi/
Reported at: (2026) ibclaw.in 789 NCLAT
Bench: Mr. Justice N. Seshasayee (Judicial Member) and Mr. Indevar Pandey (Technical Member)
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| 3 | NCLAT-New Delhi
Whether a debenture trustee authorised under the Debenture Trust Deed, the Deed of Personal Guarantee, and by the debenture holder can maintain an application under Section 95 of the Insolvency and Bankruptcy Code, 2016 against a personal guarantor despite curable defects in the guarantee documents and the stated date of default?
Insolvency and Bankruptcy Code, 2016, Sections 95, 99, 100 and 61; IBBI (Application to Adjudicating Authority for Insolvency Resolution Process of Personal Guarantors to Corporate Debtors) Rules, 2019, Rule 7(1) – issue was whether a debenture trustee could maintain a Section 95 application against a personal guarantor and whether defects in the annexed guarantee deed and stated date of default....
Read More: https://ibclaw.in/gaurav-bhalla-vs-beacon-trusteeship-ltd-and-anr-nclat-new-delhi/
Reported at: (2026) ibclaw.in 803 NCLAT
Bench: Mr. Justice Ashok Bhushan (Chairperson) and Mr. Barun Mitra (Technical Member)
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| 4 | NCLAT-New Delhi
Whether a belatedly filed homebuyer claim based on a registered agreement to sell and reflected in the corporate debtor’s records can be admitted in the resolution plan when the RP failed to identify and notify the allottee during CIRP?
Insolvency and Bankruptcy Code, 2016 – Sections 7 and 31 – Appeal against rejection of homebuyers’ application seeking exclusion of flat from CIRP/resolution process – claim filed after CoC approval but before approval of resolution plan by Adjudicating Authority – registered agreement to sell in favour of appellants reflected in virtual data room and corporate debtor’s records – RP took....
Read More: https://ibclaw.in/rajkumar-jhawar-and-anr-vs-arun-kapoor-rp-for-monarch-brookfields-llp-and-ors-nclat-new-delhi/
Reported at: (2026) ibclaw.in 792 NCLAT
Bench: Mr. Justice N. Seshasayee (Judicial Member), Mr. Arun Baroka (Technical Member) and Mr. Indevar Pandey (Technical Member)
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| 5 | NCLAT-New Delhi
Whether the Resolution Professional can seek further documents to verify NOIDA's claim for farmers' compensation and recalculate time extension charges only up to the insolvency commencement date under the Insolvency and Bankruptcy Code, 2016 and the CIRP Regulations?
Insolvency and Bankruptcy Code, 2016, Section 61(1) and Section 25(2)(e); IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016, Regulations 10, 13 and 14 – Appeal against rejection of NOIDA’s prayer for admission of balance claim in CIRP – dispute concerned non-admission of farmers’ compensation and reduction of time extension charges. Held that the Resolution Professional was entitled to call....
Read More: https://ibclaw.in/new-okhla-industrial-development-authority-vs-manohar-lal-vij-rp-and-anr-nclat-new-delhi/
Reported at: (2026) ibclaw.in 805 NCLAT
Bench: Mr. Justice N. Seshasayee (Judicial Member) and Mr. Arun Baroka (Technical Member)
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| 6 | NCLAT-New Delhi
Whether service of a Section 7 petition at the corporate debtor’s registered email address and registered office as reflected in MCA records constitutes valid service, and whether a Section 7 application is maintainable where the admitted default survives at least on the interest component above the statutory threshold after breach and withdrawal of an OTS?
Insolvency and Bankruptcy Code, 2016 Sections 7, 61; National Company Law Tribunal Rules, 2016 Rules 37, 38; Companies Act, 2013 Sections 12, 20(2); Companies (Incorporation) Rules, 2014 Rule 35 – challenge to ex parte admission of Section 7 petition on grounds of non-service, violation of natural justice, and alleged discharge of principal under OTS. Held that service of the Section....
Read More: https://ibclaw.in/gaurav-jaiswal-vs-indian-renewable-energy-development-agency-ltd-ireda-and-anr-nclat-new-delhi/
Reported at: (2026) ibclaw.in 806 NCLAT
Bench: Mr. Justice N. Seshasayee (Judicial Member) and Mr. Arun Baroka (Technical Member)
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| 7 | NCLAT-New Delhi
Whether a Section 9 application can be rejected for pre-existing dispute and failure to meet the Section 4 threshold when the corporate debtor has admitted liability under a running account and no specific appropriation of payments to invoices was communicated?
Insolvency and Bankruptcy Code, 2016 – Sections 4, 8(2)(a), 9, 10A, 61; Indian Contract Act, 1872 – Section 60. Issue was whether the corporate debtor had shown a genuine pre-existing dispute and whether the claimed debt fell below the statutory threshold on the footing that payments had been made against specific invoices. Held that the reply to the Section 8....
Read More: https://ibclaw.in/uniworth-enterprises-llp-vs-starco-metaplast-pvt-ltd-nclat-new-delhi/
Reported at: (2026) ibclaw.in 835 NCLAT
Bench: Mr. Justice Mohammad Faiz Alam Khan (Judicial Member) and Mr. Arun Baroka (Technical Member)
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| 8 | DRT-Ernakulam
Where the affidavit filed under Section 14(1) of the SARFAESI Act does not state the outstanding amount due as on the date of the affidavit and instead refers to the amount claimed in the OA, the Magistrate’s order for taking physical possession is liable to be set aside for non-compliance with the statutory requirement
Read More: https://ibclaw.in/k-p-shaffique-vs-south-indian-bank-ltd-and-anr-drt-ernakulam/
Reported at: (2026) ibclaw.in 486 DRT
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| 9 | DRT-Chennai
The DRT has no power to condone delay in filing an application under Section 17 of the SARFAESI Act beyond the statutory period of 45 days, and Section 5 of the Limitation Act cannot be invoked for such condonation
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Sections 13(4), 17(1), 17(7); Limitation Act, 1963, Section 5; Security Interest (Enforcement) Rules, 2002, Rule 8(2) — challenge to possession notice dated 13.12.2024 was filed with a delay of 468 days along with an application for condonation. Held that Section 17(1) requires an application against measures under....
Read More: https://ibclaw.in/janathacem-industries-ltd-vs-state-bank-of-india-drt-chennai/
Reported at: (2026) ibclaw.in 477 DRT
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| 10 | DRT-Bengaluru
A counterclaim against the bank cannot succeed without evidence, and the OA must be decreed when the loan, guarantees and outstanding are proved by the bank
Read More: https://ibclaw.in/state-bank-of-india-vs-shantha-projects-ltd-and-ors-drt-bengaluru/
Reported at: (2026) ibclaw.in 473 DRT
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| 11 | DRT-Mumbai
Delay in filing an SA cannot be condoned on a vague plea without stating the exact number of days of delay
Read More: https://ibclaw.in/amita-kiran-sheth-vs-sbicap-trustee-company-ltd-drt-mumbai/
Reported at: (2026) ibclaw.in 452 DRT
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| 12 | DRT-Chennai
A Section 14 SARFAESI order cannot be set aside when the Section 13(4) notice was not challenged in time and the secured creditor has complied with the statutory procedure
Read More: https://ibclaw.in/marwa-international-and-ors-vs-authorised-officer-deutsche-bank-ag-drt-chennai/
Reported at: (2026) ibclaw.in 478 DRT
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| 13 | DRT-Chennai
Where the Recovery Certificate directs that all payments and adjustments made by the certificate debtors be given due credit, full satisfaction cannot be recorded without a proper reconciliation statement when the parties dispute appropriation of payments, auction-sale adjustments and the actual balance due
Recovery of Debts and Bankruptcy Act, 1993, Sections 19(7) and 19(22); Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2) – Application to record full satisfaction of Recovery Certificate and terminate recovery proceedings – dispute whether all payments, sale proceeds, refunds, current account adjustments and later payment had been duly credited. Held that the....
Read More: https://ibclaw.in/vintage-resorts-clubs-p-ltd-and-ors-vs-union-bank-of-india-drt-chennai/
Reported at: (2026) ibclaw.in 481 DRT
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| 14 | DRT-Chennai
Auction purchasers in whose favour sale was confirmed and sale certificate issued are necessary parties to a SARFAESI application challenging Section 14 possession proceedings, as their rights in the secured asset are directly affected
Read More: https://ibclaw.in/s-ilayaperumal-and-anr-vs-s-prabakaran-and-ors-drt-chennai/
Reported at: (2026) ibclaw.in 483 DRT
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| 15 | [Important Judgment] NCLAT-New Delhi
Whether the Adjudicating Authority under the IBC has jurisdiction to interfere with attachment, withdrawal, or retention of the Corporate Debtor’s assets by the Enforcement Directorate under the PMLA during moratorium under Section 14 or liquidation under Section 33(5) of the IBC?
Insolvency and Bankruptcy Code, 2016, Sections 14, 33(5), 60(5) and 32A(2); Prevention of Money Laundering Act, 2002, Sections 8(4), 41 and 50 – issue was whether the liquidator could invoke Section 60(5) IBC to challenge attachment of corporate debtor’s assets, withdrawal of money from its bank account during moratorium, and restraint communications issued by the Enforcement Directorate under Section 50....
Read More: https://ibclaw.in/value-wise-consultancy-pvt-ltd-vs-deputy-director-directorate-of-enforcement-and-ors-nclat-new-delhi/
Reported at: (2026) ibclaw.in 811 NCLAT
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| 16 | GSTAT Principal Bench [06-Jul-26]:
Whether, for anti-profiteering in a real estate project under Section 171 of the CGST Act, 2017, additional ITC benefit is to be determined by comparing pre-GST and post-GST credit-to-purchase-value ratios and apportioned over the project area, and whether shortfall to some homebuyers can be set off against excess benefit passed to others?
Central Goods and Services Tax Act, 2017 – Section 171(1), Section 171(3A); Central Goods and Services Tax Rules, 2017 – Rule 126, Rule 129, Rule 133(3)(b) – anti-profiteering in real estate project – issue was whether additional ITC benefit after GST was correctly determined by comparing pre-GST and post-GST credit-to-purchase-value ratios and whether benefit was fully passed on to homebuyers. Held that in view of Reckitt Benckiser India Pvt. Ltd.,...
Citation: (2026) taxcode.in 64 GSTAT
Read More: https://taxcode.in/director-general-of-anti-profiteering-dgap-vs-emaar-india-ltd-gstat-principal-bench/
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| 17 | NCLAT-New Delhi
Whether resignation of a director revokes his personal guarantee or renewal of working capital facilities amounts to novation or variance under Sections 62, 129, 130 and 133 of the Contract Act in proceedings under Section 95 of the IBC?
Insolvency and Bankruptcy Code, 2016, Sections 95, 99; Indian Contract Act, 1872, Sections 62, 129, 130, 133 – challenge to admission of personal insolvency proceedings against personal guarantor on the grounds of resignation from directorship, alleged revocation of guarantee, and alleged novation/variance due to subsequent renewal of credit facilities. Held that the deed of guarantee dated 17.10.2017 made the guarantee....
Read More: https://ibclaw.in/nakul-gupta-vs-state-bank-of-india-and-anr-nclat-new-delhi/
Reported at: (2026) ibclaw.in 840 NCLAT
Bench: Mr. Justice N. Seshasayee (Judicial Member) and Mr. Arun Baroka (Technical Member)
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| 18 | NCLAT-New Delhi
Whether an approved resolution plan can be re-opened by a belated one-time payment proposal after repeated non-implementation?
Insolvency and Bankruptcy Code, 2016, Sections 31(4), 33, 60(5) – Approved resolution plan – failure of successful resolution applicant to obtain regulatory approvals and implement plan for over three years – belated application offering one-time unconditional payment filed after arguments in liquidation application were concluded and orders reserved – earlier NCLAT order rejecting similar pleas affirmed by Supreme Court. Held....
Read More: https://ibclaw.in/taguda-pte-ltd-vs-state-bank-of-india-and-anr-nclat-new-delhi-2/
Reported at: (2026) ibclaw.in 839 NCLAT
Bench: Mr. Justice N. Seshasayee (Judicial Member) and Mr. Arun Baroka (Technical Member)
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| 19 | DRT-Ernakulam
Notice to a partner is notice to the partnership firm; SARFAESI proceedings are not invalid merely because the Section 13(2) notice was not separately served on the firm
Read More: https://ibclaw.in/jiju-j-kandramattom-vs-authorized-officer-south-indian-bank-drt-ernakulam/
Reported at: (2026) ibclaw.in 484 DRT
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| 20 | DRT-Chennai
Auction purchasers with a confirmed sale and registered sale certificate are necessary parties in a SARFAESI challenge to Section 14 possession measures
Read More: https://ibclaw.in/s-ilayaperumal-and-anr-vs-a-surendiran-and-ors-drt-chennai/
Reported at: (2026) ibclaw.in 482 DRT
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