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Channel Posts
NCLAT-New Delhi:
Whether the minimum default threshold for an application under Section 94 of the Insolvency and Bankruptcy Code, 2016 by an individual personal guarantor is governed by Section 78 rather than Section 4 of the Code?
Insolvency and Bankruptcy Code, 2016 – Sections 4, 78, 94. Question was whether a petition by a personal guarantor under Section 94 could be rejected for want of pecuniary threshold by applying Section 4 where the guarantee amount was Rs. 5 lakhs. Held that Section 4 falls in Part II, Chapter I dealing with insolvency resolution and liquidation for corporate persons, whereas the case concerned Part III, for which Section...
Citation: (2026) ibclaw.in 851 NCLAT
Bench: Mr. Justice N. Seshasayee (Judicial Member) and Mr. Barun Mitra (Technical Member)
Read More: https://ibclaw.in/mukesh-kumar-vs-baba-shri-chand-alloys-and-ors-nclat-new-delhi/
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| 2 | NCLAT-Chennai:
Whether an order of liquidation under Section 33(1)(a) of the Insolvency and Bankruptcy Code, 2016 warrants interference when no resolution plan was received, the Committee of Creditors approved liquidation with 100% voting, and the promoter repeatedly failed to honour settlement commitments?
Insolvency and Bankruptcy Code, 2016, Sections 9, 12A, 33(1)(a) and 61 – appeal against liquidation order – appellant-promoter contended that settlement and revival were not adequately explored and that revised OTS proposals indicated willingness of the sole financial creditor to settle. Held that the Adjudicating Authority had considered that no resolution plan was received despite extensions of CIRP, the appellant repeatedly failed to honour payment commitments even after further opportunities...
Citation: (2026) ibclaw.in 844 NCLAT
Bench: Mr. Justice Sharad Kumar Sharma (Judicial Member) and Mr. Jatindranath Swain (Technical Member)
Read More: https://ibclaw.in/srinivasa-rao-idupulapati-vs-isr-infra-pvt-ltd-and-anr-nclat-chennai/
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| 3 | NCLAT-New Delhi [13-Jul-26]:
Whether a Section 7 application under the Insolvency and Bankruptcy Code, 2016 is non-est merely because debt restructuring was under consideration in the Joint Lenders’ Forum and the RBI Circular dated 12.02.2018 was later struck down, when debt and default stood established independently of that circular?
Insolvency and Bankruptcy Code, 2016 – Section 7; Uttar Pradesh Sugarcane (Regulation of Supply and Purchase) Act, 1953 – Sections 16, 17 – challenge to admission of CIRP on the ground that the Section 7 proceedings were allegedly triggered by the RBI Circular dated 12.02.2018, later struck down in Dharani Sugars, and on the further ground that restructuring/OTS and dues recoverable from the State warranted non-admission. Held that the financial...
Citation: (2026) ibclaw.in 867 NCLAT
Bench: Mr. Justice Yogesh Khanna (Officiating Chairperson) and Shri Ajai Das Mehrotra (Technical Member)
Read More: https://ibclaw.in/surender-pal-singh-mangat-vs-oriental-bank-of-commerce-and-ors-nclat-new-delhi/
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| 4 | NCLAT-New Delhi:
Whether consent of the counterparty is a mandatory precondition for collapsing or unwinding allegedly fraudulent and void transactions in proceedings under Sections 241 and 242 of the Companies Act, 2013?
Companies Act, 2013, Sections 241 and 242; Reserve Bank of India Act, 1934, Section 45N; Insolvency and Bankruptcy Code, 2016, Sections 7 and 66 – IL&FS sought collapse/unwinding of six transactions alleging that IFIN lent to SREI group entities and SIFL simultaneously lent corresponding sums to IL&FS group entities to bypass RBI directions on intra-group exposure. NCLT rejected the application holding that, under NCLAT’s earlier order and proviso to Section...
Citation: (2026) ibclaw.in 801 NCLAT
Bench: Mr. Justice Ashok Bhushan (Chairperson) and Mr. Barun Mitra (Technical Member)
Read More: https://ibclaw.in/infrastructure-leasing-financial-services-ltd-vs-union-of-india-and-ors-nclat-new-delhi/
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| 5 | NCLAT-New Delhi:
Whether, for admission of a Section 7 application under the Insolvency and Bankruptcy Code, 2016, the interest component of an inter-corporate deposit forming part of the financial debt can be excluded despite the corporate debtor’s acknowledgment of the total outstanding liability including interest?
Insolvency and Bankruptcy Code, 2016 – Sections 4, 5(8), 7 and 61. Section 7 application was dismissed on the footing that only Rs.62,00,000/- principal was outstanding and the interest component could not be added merely on the basis of TDS deductions. Held that the Adjudicating Authority erred in excluding interest from the computation of financial debt where the record showed ICD transactions carrying interest, calculation of accrued interest, TDS deduction...
Citation: (2026) ibclaw.in 865 NCLAT
Bench: Mr. Justice N. Seshasayee (Judicial Member), Mr. Arun Baroka (Technical Member) and Mr. Indevar Pandey (Technical Member)
Read More: https://ibclaw.in/wild-dreams-trading-company-pvt-ltd-vs-ascendancy-financial-services-pvt-ltd-nclat-new-delhi/
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| 6 | NCLAT-New Delhi [13-Jul-26]:
Whether land covered by a development-cum-collaboration agreement, included in a sanctioned composite real estate project and subjected to crystallised homebuyer rights, could be excluded from the CIRP asset pool on the basis of a unilateral pre-CIRP termination notice?
Insolvency and Bankruptcy Code, 2016 – Sections 14(1)(d), 18, 31, 36, 61; Real Estate (Regulation and Development) Act, 2016 – Sections 2(zk), 14; Arbitration and Conciliation Act, 1996 – Section 9 – Issue was whether landowners could exclude their land from the CIRP asset pool and defeat an approved resolution plan by relying on a unilateral termination notice issued before commencement of CIRP. Held that the subject land was part...
Citation: (2026) ibclaw.in 864 NCLAT
Bench: Mr. Justice Yogesh Khanna (Judicial Member) and Mr. Naresh Salecha (Technical Member)
Read More: https://ibclaw.in/brajesh-kumar-tripathi-and-anr-vs-hasti-mal-kachhara-rp-and-ors-nclat-new-delhi/
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| 7 | NCLAT-New Delhi:
Whether exclusion of provident fund, pension fund and gratuity dues from the liquidation estate under Section 36(4)(a)(iii) of the Insolvency and Bankruptcy Code, 2016 depends on the existence of segregated funds on the liquidation commencement date, and whether 1656 days spent in litigation can be excluded for computing 24 months’ workmen’s dues under Section 53(1)(b)?
Insolvency and Bankruptcy Code, 2016 – Sections 36(4)(a)(iii), 53(1)(b), 5(17), 12. Issue was whether provident fund, pension fund and gratuity dues of workmen could be excluded from the liquidation estate only if segregated funds existed on the liquidation commencement date, and whether 1656 days spent in litigation could be excluded while computing the 24 months’ workmen’s dues under Section 53(1)(b). Held that Section 36(4)(a)(iii) excludes all sums due to workmen...
Citation: (2026) ibclaw.in 807 NCLAT
Bench: Mr. Justice Ashok Bhushan (Chairperson) and Mr. Barun Mitra (Technical Member)
Read More: https://ibclaw.in/state-bank-of-india-and-ors-vs-manoj-kumar-das-and-ors-nclat-new-delhi/
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| 8 | REAT-Odisha:
Whether cancellation of a flat allotment after receipt of the balance sale consideration was lawful under Sections 11(5), 13(1) and 17(1) of the Real Estate (Regulation and Development) Act, 2016, and whether the promoter could demand interest from the date of allotment and penalty for delayed possession in such circumstances?
Real Estate (Regulation and Development) Act, 2016, Sections 11(5), 13(1) and 17(1) – dispute concerning cancellation of flat allotment, delayed interest and penalty after execution of Agreement for Sale. Held that where the promoter had granted time to the allottee till 31-12-2022 to clear dues, it could not claim delayed interest from 19-12-2017, the date of allotment; the allottee was liable only for delayed interest up to the actual date...
Citation: (2026) ibclaw.in 355 REAT
Read More: https://ibclaw.in/ranjita-panigrahi-and-anr-vs-z-estates-pvt-ltd-odisha-reat/
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| 9 | High Court-Karnataka:
Whether parties to arbitral proceedings commenced before the Arbitration and Conciliation (Amendment) Act, 2015 can, by joint memos seeking extension of time, be treated as having agreed under Section 26 to the applicability of Section 29A of the Arbitration and Conciliation Act, 1996?
Arbitration and Conciliation Act, 1996 – Sections 21, 29A; Arbitration and Conciliation (Amendment) Act, 2015 – Section 26; Arbitration Centre, Karnataka (Domestic and International) Rules, 2012 – Rule 23. Issue was whether Section 29A applied to arbitral proceedings commenced before the 2015 Amendment where the parties later filed joint memos seeking extension of time. Held that though the arbitration had commenced before the Amendment Act, Section 26 permitted the parties...
Citation: (2026) ibclaw.in 3315 HC
Read More: https://ibclaw.in/shilpa-datar-and-ors-vs-legancy-global-projects-pvt-ltd-and-anr-karnataka-high-court/
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| 10 | High Court-Madras:
Whether a defendant in a summary suit under Order XXXVII CPC can invoke Section 8 of the Arbitration and Conciliation Act, 1996 after filing an application for leave to defend, and whether a subsidiary company can be bound by arbitration clauses contained in agreements executed by its parent group company under the group of companies doctrine?
Arbitration and Conciliation Act, 1996 – Section 8, Section 2(1)(h), Section 7; Code of Civil Procedure, 1908 – Order XXXVII Rule 3(5) – issue was whether the respondent subsidiary was bound by arbitration clauses contained in agreements executed between the appellant and the respondent’s parent/group companies, and whether the appellant could seek reference to arbitration after filing an application for leave to defend in a summary suit. Held that the...
Citation: (2026) ibclaw.in 3305 HC
Read More: https://ibclaw.in/eta-general-pvt-ltd-vs-fujitsu-general-thailand-company-ltd-madras-high-court/
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| 11 | High Court-Bombay:
Whether post-award interim protection under Section 9 of the Arbitration and Conciliation Act, 1996 can be granted to continue a bank guarantee after an arbitral award has rejected the claim for liquidated damages and directed return of the guarantee, particularly where consent terms had fixed an outer time limit for its continuance?
Arbitration and Conciliation Act, 1996 – Sections 9, 34, 36(3), 28(3) – Petition seeking post-award continuation/extension of bank guarantee furnished as security for liquidated damages after award had rejected employer’s liquidated damages claim and directed return of the guarantee – respondent company being under liquidation – prior consent terms relied on by respondent as limiting continuance of guarantee to 120 days after award. Held that though a post-award petition under...
Citation: (2026) ibclaw.in 3289 HC
Read More: https://ibclaw.in/oil-and-natural-gas-corporation-ltd-vs-swiber-offshore-construction-pte-ltd-bombay-high-court/
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| 12 | High Court-Delhi:
Whether, in an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, the Court could interfere with the arbitral interpretation of Clause 11.4 of the buyer’s agreement fixing compensation at Rs.25 per sq. ft. per month for delayed possession?
Arbitration and Conciliation Act, 1996, Sections 34 and 37; Commercial Courts Act, 2015, Section 13 – challenge to arbitral award concerning delayed possession of commercial office spaces and contractual compensation under Clause 11.4 of the buyer’s agreement. Held that the Arbitrator’s interpretation that Clause 11.4 applied and limited compensation to Rs.25 per sq. ft. per month was a plausible view on the contract and had rightly been upheld by the...
Citation: (2026) ibclaw.in 3296 HC
Read More: https://ibclaw.in/chander-mohan-lall-vs-dlf-home-developers-ltd-delhi-high-court/
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| 13 | High Court-Patna:
Whether Section 33 of the Arbitration and Conciliation Act, 1996 permits correction of a contradictory billing direction in an arbitral award as an error apparent on the face of the award?
Arbitration and Conciliation Act, 1996 – Sections 33, 34, 37 – scope of correction of arbitral award – respondent sought correction of an operative direction in the original award on the ground that it contradicted the Tribunal’s own findings accepting assessment on the total KVA found in the test reports. Held that Section 33 permits correction of computation, clerical, typographical and similar errors occurring in the award, and the provision...
Citation: (2026) ibclaw.in 3420 HC
Read More: https://ibclaw.in/ganesh-foundry-and-castings-ltd-vs-bihar-state-electricity-board-now-bihar-state-power-holding-company-ltd-and-ors-patna-high-court/
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| 14 | High Court-Kerala:
Whether an application under Section 29A of the Arbitration and Conciliation Act, 1996 for extension of the arbitrator’s mandate is maintainable before the High Court when the arbitrator was appointed by the High Court under Section 11?
Arbitration and Conciliation Act, 1996 – Sections 29A, 11, 42. Issue was whether the High Court could entertain an application for extension of the arbitrator’s mandate under Section 29A where the arbitrator had been nominated by the High Court under Section 11. Held that in view of the Supreme Court decision in Jagdeep Chowgule v Sheela Chowgule & Others, the appropriate court to entertain an application under Section 29A is...
Citation: (2026) ibclaw.in 3496 HC
Read More: https://ibclaw.in/francis-kottackal-exim-pvt-ltd-vs-united-india-insurance-company-ltd-and-anr-kerala-high-court/
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| 15 | REAT-Odisha:
Whether a promoter who accepted Rs.1,00,000 towards booking of a specific flat could arbitrarily cancel the allotment and refuse to execute an agreement for sale, despite having executed agreements with similarly placed allottees under the Real Estate (Regulation and Development) Act, 2016?
Real Estate (Regulation and Development) Act, 2016, Sections 2(d), 11(3), 13(1), 31, 35, 37 and 38; Transfer of Property Act, 1882, Section 54; Indian Contract Act, 1872, Section 23 — dispute concerned whether acceptance of Rs.1,00,000 for a specified flat amounted to booking creating allottee status and whether the promoter could refuse to execute an agreement for sale and cancel the booking while granting agreements to similarly placed SBI employees....
Citation: (2026) ibclaw.in 354 REAT
Read More: https://ibclaw.in/pravat-ranjan-singh-vs-grand-bazar-developers-llp-odisha-reat/
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| 16 | DRT-Ahmedabad:
Rights of a bona fide DRT auction purchaser cannot be disturbed by later SARFAESI action, while the dispute between two secured creditors over the property must be resolved separately
Citation: (2026) ibclaw.in 453 DRT
Read More: https://ibclaw.in/krishnaben-kanubhai-chavda-vs-bajaj-housing-finance-ltd-and-ors-drt-ahmedabad/
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| 17 | High Court-Himachal Pradesh
Whether an arbitral award made by a sole arbitrator unilaterally appointed by one party under the agreement can be executed, and can the executing court refuse execution by treating such award as a nullity?
Arbitration and Conciliation Act, 1996 – Sections 11(6), 12(5), Seventh Schedule; Code of Civil Procedure, 1908 – Section 115; Constitution of India – Article 14 – issue was whether an arbitral award made by a sole arbitrator unilaterally appointed by the petitioner-company under the loan agreement could be executed, and whether the executing court could refuse execution on the ground....
Read More: https://ibclaw.in/shriram-transport-finance-co-ltd-vs-ashutosh-chabbra-and-anr-himachal-pradesh-high-court/
Reported at: (2026) ibclaw.in 3556 HC
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| 18 | High Court-Kerala
Whether, in proceedings under Section 11 of the Arbitration and Conciliation Act, 1996, the Court can decline reference when the underlying agreement containing the arbitration clause is alleged to be forged, or need only examine the prima facie existence of the arbitration agreement?
Arbitration and Conciliation Act, 1996 – Sections 11 and 16 – petition for appointment of arbitrator where respondent denied execution of the agreement and alleged forgery. Held that the Court’s jurisdiction under Section 11 is restrained and limited to examining the prima facie existence of an arbitration agreement. Questions relating to genuineness of the agreement, arbitrability, dishonesty, jurisdiction and limitation....
Read More: https://ibclaw.in/jibu-john-vs-biju-raju-kerala-high-court/
Reported at: (2026) ibclaw.in 3584 HC
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| 19 | High Court-Madhya Pradesh
Whether, under a BOT road contract, an arbitral tribunal can treat expenditure exceeding the probable project cost as extra work and award additional toll-collection days notwithstanding the contract clauses requiring the bidder to assess the work, traffic, and risk before bidding?
Arbitration and Conciliation Act, 1996 – Sections 34 and 37 – Held that in a BOT contract where the bidder was contractually required to inspect the site, assess the scope of work, traffic and risks, and quote the toll-collection period accordingly, the probable project cost mentioned in the NIT was only indicative and not a binding contract value. The work....
Read More: https://ibclaw.in/g-h-vijapura-infrastructure-pvt-ltd-vs-executive-engineer-government-of-madhya-pradesh-madhya-pradesh-high-court/
Reported at: (2026) ibclaw.in 3595 HC
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| 20 | High Court-Delhi
Whether an arbitral award granting prolongation-related claims can be sustained when the contractor did not challenge the Engineer's extension of time recommendations rejecting prolongation costs, and whether awards on unpaid work, confiscated machinery and loss of profit were liable to interference under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996?
Arbitration and Conciliation Act, 1996 – Sections 34, 37(1)(c), 23(3), 43; COPA/GCC – Clauses 10.2, 46.1, 63.1, 63.2, 63.3, 70 – challenge to arbitral award on claims for unpaid work, prolongation-related overheads, increased rates, idling machinery, confiscated machinery and loss of profit. Held that the scope of interference under Sections 34 and 37 is narrow and the Court cannot reappreciate....
Read More: https://ibclaw.in/national-highways-authority-of-india-vs-progressive-constructions-ltd-delhi-high-court/
Reported at: (2026) ibclaw.in 3297 HC
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