IBC Laws

High Court-Karnataka: Whether a secured creditor can directly invoke Section 14 of the SARFAESI Act without first issuing a possession notice under Section 13(4)? Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 14 and Section 13(4) – Issue was whether a petition under Section 14 could be rejected on the ground that the authorised officer had not issued or published a possession notice and whether a subsequent Section 14 petition could be dismissed because the earlier dismissal had not been challenged. Held that the judgment relied on Standard... Citation: (2026) ibclaw.in 3742 HC Read More: https://ibclaw.in/can-fin-homes-ltd-vs-nagarathnamma-g-r-and-ors-karnataka-high-court/ Download Mobile App(iOS/Android): https://ibclaw.in/mobile-app/ Activate WhatsApp Updates : https://ibclaw.in/whatsapp-updates/ Follow for Daily Updates: Follow on LinkedIn: https://www.linkedin.com/company/ibclaw/ Not just legal news —IBC Laws delivers a full-stack legal research platform, Check More Features: https://ibclaw.in/subscription/

DRT-Patna: Whether the secured asset was agricultural land within the meaning of Section 31(i) of the SARFAESI Act, 2002 and therefore exempt from SARFAESI measures? Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Sections 13(2), 13(4), 17 and 31(i) – Challenge to SARFAESI action on the ground that the secured asset was agricultural land exempt from the Act. Held that under Section 31(i), if the mortgaged property is agricultural land, measures under Sections 13(2) and 13(4) would be without jurisdiction; and while revenue records alone are not conclusive, the Tribunal... Citation: (2026) ibclaw.in 565 DRT Read More: https://ibclaw.in/k-k-enterprises-vs-authorised-officer-cum-branch-manager-indian-overseas-bank-and-ors-drt-patna/ Download Mobile App(iOS/Android): https://ibclaw.in/mobile-app/ Activate WhatsApp Updates : https://ibclaw.in/whatsapp-updates/ Follow for Daily Updates: Follow on LinkedIn: https://www.linkedin.com/company/ibclaw/ Not just legal news —IBC Laws delivers a full-stack legal research platform, Check More Features: https://ibclaw.in/subscription/

High Court-Kerala: Whether the Real Estate Appellate Tribunal could close an appeal as infructuous without deciding whether the Regulatory Authority had complied with this Court’s direction to consider limitation as a preliminary issue? Real Estate (Regulation and Development) Act, 2016 – Appeal before Real Estate Appellate Tribunal – issue was whether the Tribunal could close REFA No. 112 of 2025 as infructuous on the basis of a subsequent order passed by the Regulatory Authority, instead of deciding whether the Authority had complied with the High Court’s earlier direction to consider limitation as a preliminary issue. Held that the real question in the pending... Citation: (2026) ibclaw.in 3999 HC Read More: https://ibclaw.in/kerala-gramam-properties-and-ors-vs-rajagopalan-nair-and-ors-kerala-high-court/ Download Mobile App(iOS/Android): https://ibclaw.in/mobile-app/ Activate WhatsApp Updates : https://ibclaw.in/whatsapp-updates/ Follow for Daily Updates: Follow on LinkedIn: https://www.linkedin.com/company/ibclaw/ Not just legal news —IBC Laws delivers a full-stack legal research platform, Check More Features: https://ibclaw.in/subscription/

DRT-Chennai: Whether an auction sale conducted under the SARFAESI Act and the Security Interest Enforcement Rules could be set aside on grounds of alleged undervaluation and non-consideration of movable amenities when the secured creditor had obtained a fresh valuation, issued the statutory notices, and earlier challenges to NPA classification and possession measures had attained finality? Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 – Sections 13(2), 13(4), 13(8), 14, 17(1); Security Interest (Enforcement) Rules, 2002 – Rules 4, 8(5), 9(1) – Challenge to auction sale on grounds of undervaluation and non-consideration of amenities. Held that the borrower’s attack on NPA classification and the statutory demand and possession notices was not sustainable, the earlier challenge to the Section 14 order having... Citation: (2026) ibclaw.in 566 DRT Read More: https://ibclaw.in/pranav-foundation-pvt-ltd-vs-authorized-officer-idbi-bank-ltd-and-anr-drt-chennai/ Download Mobile App(iOS/Android): https://ibclaw.in/mobile-app/ Activate WhatsApp Updates : https://ibclaw.in/whatsapp-updates/

DRT-Chennai: Whether the Debts Recovery Tribunal can condone delay in filing a securitisation application under Section 17(1) of the SARFAESI Act against a sale measure taken beyond forty-five days? Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Sections 17(1), 13(4) and 14; Security Interest (Enforcement) Rules, 2002, Rules 8 and 9 – challenge to auction sale and sale certificate – applicant sought condonation of 56 days’ delay in filing SA and 26 days’ delay in representation, contending that knowledge of the sale certificate was obtained only when the bank filed a counter in another... Citation: (2026) ibclaw.in 583 DRT Read More: https://ibclaw.in/m-s-rajeswari-vs-authorized-officer-indian-overseas-bank-and-anr-drt-chennai/ Download Mobile App(iOS/Android): https://ibclaw.in/mobile-app/ Activate WhatsApp Updates : https://ibclaw.in/whatsapp-updates/ Follow for Daily Updates: Follow on LinkedIn: https://www.linkedin.com/company/ibclaw/ Not just legal news —IBC Laws delivers a full-stack legal research platform, Check More Features: https://ibclaw.in/subscription/

DRT-Mumbai: Whether a prospective purchaser who was neither borrower, guarantor nor mortgagor, and whose offer for purchase of a secured asset never matured into a concluded contract, could maintain an application under Section 17 of the SARFAESI Act, 2002 to challenge completion of a private treaty sale in favour of another purchaser? Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Sections 13(4) and 17; Security Interest (Enforcement) Rules, 2002 – Applicant, a proposed purchaser of secured asset, challenged private treaty sale in favour of another purchaser on basis that his offer was higher and that earnest money had been deposited. Held that a person invoking Section 17 must establish infringement of a legally enforceable right; mere participation... Citation: (2026) ibclaw.in 569 DRT Read More: https://ibclaw.in/ishwar-manik-vs-samman-capital-ltd-and-ors-drt-mumbai/ Download Mobile App(iOS/Android): https://ibclaw.in/mobile-app/ Activate WhatsApp Updates : https://ibclaw.in/whatsapp-updates/ Follow for Daily Updates: Follow on LinkedIn: https://www.linkedin.com/company/ibclaw/ Not just legal news —IBC Laws delivers a full-stack legal research platform, Check More Features: https://ibclaw.in/subscription/

High Court-Himachal Pradesh: Whether a complaint under Sections 138 and 141 of the Negotiable Instruments Act is maintainable against a Managing Director alone when the dishonoured cheque was issued by the company but the company was not arrayed as an accused? Negotiable Instruments Act, 1881, Sections 138 and 141; Code of Criminal Procedure, 1973, Sections 397, 401 and 437-A – complaint under Section 138 was filed only against the accused described as Managing Director, though the cheque was issued by SM Krishi Housing and Agricultural Ltd. and the company was not arrayed as an accused. Held that while a Managing Director is, by virtue of his office, in charge of and... Citation: (2026) ibclaw.in 3661 HC Read More: https://ibclaw.in/subhash-chander-vs-veena-devi-himachal-pradesh-high-court/ Download Mobile App(iOS/Android): https://ibclaw.in/mobile-app/ Activate WhatsApp Updates : https://ibclaw.in/whatsapp-updates/ Follow for Daily Updates: Follow on LinkedIn: https://www.linkedin.com/company/ibclaw/ Not just legal news —IBC Laws delivers a full-stack legal research platform, Check More Features: https://ibclaw.in/subscription/

High Court-Kerala: Whether a civil court can grant interim injunction against SARFAESI proceedings even if the suit itself is not barred by the first limb of Section 34 of the SARFAESI Act, 2002? Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Sections 34, 35 and 17 – suit for partition, declaration and injunction in respect of secured asset – issue was whether, even if a civil suit is maintainable on matters not triable by the Debts Recovery Tribunal, the civil court can still grant an interim injunction restraining SARFAESI action. Held that the first limb of Section 34... Citation: (2026) ibclaw.in 3811 HC Read More: https://ibclaw.in/deepa-george-vs-s-valsa-and-ors-kerala-high-court/ Download Mobile App(iOS/Android): https://ibclaw.in/mobile-app/ Activate WhatsApp Updates : https://ibclaw.in/whatsapp-updates/ Follow for Daily Updates: Follow on LinkedIn: https://www.linkedin.com/company/ibclaw/ Not just legal news —IBC Laws delivers a full-stack legal research platform, Check More Features: https://ibclaw.in/subscription/

High Court-Chhattisgarh: Whether a fresh writ petition seeking implementation of a District Magistrate's order under Section 14 of the SARFAESI Act is maintainable when the borrowers' challenge under Section 17(1) to the same measures is pending before the Debts Recovery Tribunal and the earlier writ order on the same cause had been recalled for suppression of material facts? Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 – Sections 13, 14, 17(1) and Rule 8(1) – review against order passed in fresh writ petition filed by Bank for possession of secured asset – borrowers had already challenged the District Magistrate's order under Section 14 and the demand and possession notices before the Debts Recovery Tribunal – earlier writ petition filed by the Bank for... Citation: (2026) ibclaw.in 3770 HC Read More: https://ibclaw.in/mahamaya-vaccine-and-ors-vs-state-of-chhattisgarh-and-ors-chhattisgarh-high-court/ Download Mobile App(iOS/Android): https://ibclaw.in/mobile-app/ Activate WhatsApp Updates : https://ibclaw.in/whatsapp-updates/ Follow for Daily Updates: Follow on LinkedIn: https://www.linkedin.com/company/ibclaw/ Not just legal news —IBC Laws delivers a full-stack legal research platform, Check More Features: https://ibclaw.in/subscription/

High Court-Karnataka: Whether prosecution under Sections 138 and 141 of the Negotiable Instruments Act can continue against a company director in the absence of specific averments regarding her role in the conduct of the company’s business, and against a joint account holder who is a signatory to the cheque? Negotiable Instruments Act, 1881 – Sections 138, 141; Bharatiya Nagarik Suraksha Sanhita, 2023 – Sections 223, 528 – Complaint for cheque dishonour against company and its directors – whether mere arraying of a director without specific averments as to being in charge of and responsible for conduct of the company’s business is sufficient – Held that the complaint and sworn statement must contain averments bringing the accused within the parameters... Citation: (2026) ibclaw.in 3818 HC Read More: https://ibclaw.in/kavitha-chopra-vs-63ideas-infolabs-pvt-ltd-karnataka-high-court/ Download Mobile App(iOS/Android): https://ibclaw.in/mobile-app/ Activate WhatsApp Updates : https://ibclaw.in/whatsapp-updates/ Follow for Daily Updates: Follow on LinkedIn: https://www.linkedin.com/company/ibclaw/ Not just legal news —IBC Laws delivers a full-stack legal research platform, Check More Features: https://ibclaw.in/subscription/

DRAT-Chennai: Whether dismissal of a securitisation application can stand when the Tribunal has not properly considered objections to valuation, reserve price, and compliance with the Security Interest (Enforcement) Rules, 2002 in the sale of movable and immovable secured assets? Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 – Sections 13(2), 13(4), 14, 17(1), 18, 31(i); Security Interest (Enforcement) Rules, 2002 – Rules 5, 6(2), 6(4), 8(5), Appendix II-A. Challenge to sale of secured assets on grounds of undervaluation, omission and later inclusion of plant and machinery by corrigendum, and non-compliance with procedure for sale of movables and valuation of immovables. Held that the appellant... Citation: (2026) ibclaw.in 249 DRAT Read More: https://ibclaw.in/c-thangaraj-vs-authorised-officer-kotak-mahindra-bank-and-anr-drat-chennai/ Download Mobile App(iOS/Android): https://ibclaw.in/mobile-app/ Activate WhatsApp Updates : https://ibclaw.in/whatsapp-updates/ Follow for Daily Updates: Follow on LinkedIn: https://www.linkedin.com/company/ibclaw/ Not just legal news —IBC Laws delivers a full-stack legal research platform, Check More Features: https://ibclaw.in/subscription/

DRAT-Kolkata: Whether delay in filing an application under Section 5 of the Limitation Act to set aside an ex parte order under Order IX Rule 13 CPC can be condoned when the applicant was already represented in the original proceedings and had prior knowledge of the ex parte judgment and recovery proceedings? Limitation Act, 1963, Section 5; Code of Civil Procedure, 1908, Order IX Rule 13; Recovery of Debts and Bankruptcy Act, 1993, Section 19 – appeal against refusal to condone delay in filing application to set aside ex parte judgment. The appellant contended that no summons in the O.A. proceedings were served and that she came to know of the ex parte judgment only in July 2024, whereafter she applied for... Citation: (2026) ibclaw.in 263 DRAT Read More: https://ibclaw.in/hoipi-haokip-vs-north-eastern-development-finance-corporation-ltd-drat-kolkata/ Download Mobile App(iOS/Android): https://ibclaw.in/mobile-app/ Activate WhatsApp Updates : https://ibclaw.in/whatsapp-updates/ Follow for Daily Updates: Follow on LinkedIn: https://www.linkedin.com/company/ibclaw/ Not just legal news —IBC Laws delivers a full-stack legal research platform, Check More Features: https://ibclaw.in/subscription/

High Court-Karnataka: Whether a writ petition challenging the Karnataka RERA Circular dated 03.09.2020 required any further adjudication when a co-ordinate Bench had already quashed the circular and the petitioner only sought consideration of renewal of registration without delayed fee? Karnataka Real Estate Regulatory Authority Circular dated 03.09.2020 bearing No. RERA/Finance-Section/83/2020-21 – Writ petition challenging the circular and seeking renewal of registration without delayed fee – core issue was whether any further order was required when a co-ordinate Bench had already quashed the same circular. Held that both parties submitted that the matter was covered by the decision dated 19.09.2025 in WP No.3379/2024 and connected matters, which had attained finality,... Citation: (2026) ibclaw.in 3964 HC Read More: https://ibclaw.in/brindavan-infra-vs-state-of-karnataka-and-anr-karnataka-high-court/ Download Mobile App(iOS/Android): https://ibclaw.in/mobile-app/ Activate WhatsApp Updates : https://ibclaw.in/whatsapp-updates/ Follow for Daily Updates: Follow on LinkedIn: https://www.linkedin.com/company/ibclaw/ Not just legal news —IBC Laws delivers a full-stack legal research platform, Check More Features: https://ibclaw.in/subscription/

High Court-Karnataka: Whether, in revisional jurisdiction under Sections 397 and 401 Cr.P.C., the High Court can interfere with concurrent conviction under Section 138 of the Negotiable Instruments Act when issuance of cheques, signatures, transaction and service of notice are admitted and no rebuttal evidence is produced? Code of Criminal Procedure, 1973, Sections 397 and 401; Negotiable Instruments Act, 1881, Section 138 – Revision against concurrent conviction for dishonour of two cheques issued towards price of medicines supplied on credit – accused admitted issuance of cheques, signatures, transaction and service of statutory notice, but contended that the cheques were collateral security and that the goods supplied were substandard and unsold. Held that revisional jurisdiction is limited and... Citation: (2026) ibclaw.in 3959 HC Read More: https://ibclaw.in/shruthi-enterprises-vs-akshara-drug-house-pvt-ltd-karnataka-high-court/ Download Mobile App(iOS/Android): https://ibclaw.in/mobile-app/ Activate WhatsApp Updates : https://ibclaw.in/whatsapp-updates/ Follow for Daily Updates: Follow on LinkedIn: https://www.linkedin.com/company/ibclaw/ Not just legal news —IBC Laws delivers a full-stack legal research platform, Check More Features: https://ibclaw.in/subscription/

NCLT-Ahmedabad Bench: Whether a Section 9 application under the Insolvency and Bankruptcy Code, 2016 is maintainable when the claim is held barred by limitation and the record discloses a pre-existing dispute and suspected circular paper transactions under GST investigation? Insolvency and Bankruptcy Code, 2016 – Sections 9, 3(11), 9(3)(b), 55(2); Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 – Rule 6, Forms 3 and 5; Limitation Act, 1963 – Article 137 – Section 9 application by operational creditor for alleged unpaid invoices of Rs.34,40,91,542 was opposed on grounds of limitation, pre-existing dispute, defects in authorisation and Form 5, and absence of genuine transactions. Held that the applicant’s own... Citation: (2026) ibclaw.in 2688 NCLT Bench: Mrs. Chitra Hankare (Judicial Member) and Shri Velamur Govindan Venkata Chalapathy (Technical Member) Read More: https://ibclaw.in/do-well-moulds-vs-manpasand-beverages-ltd-nclt-ahmedabad-bench/ Download Mobile App(iOS/Android): https://ibclaw.in/mobile-app/ Activate WhatsApp Updates : https://ibclaw.in/whatsapp-updates/ Follow for Daily Updates: Follow on LinkedIn: https://www.linkedin.com/company/ibclaw/ Not just legal news —IBC Laws delivers a full-stack legal research platform, Check More Features: https://ibclaw.in/subscription/

NCLT-Indore Bench: Whether debiting the corporate debtor's cash credit account during moratorium towards discharge of pre-insolvency letters of credit constitutes prohibited recovery under Section 14 of the Insolvency and Bankruptcy Code, 2016? Insolvency and Bankruptcy Code, 2016 – Sections 14, 35(1)(d), 43, 44, 53, 60(5); NCLT Rules, 2016 – Rule 11 – issue was whether the respondent bank could, during CIRP, debit the corporate debtor’s own cash credit account towards discharge of letters of credit that were already outstanding on the insolvency commencement date and in respect of which the bank had lodged its claim. Held that the bank’s reliance on decisions... Citation: (2026) ibclaw.in 2707 NCLT Bench: Shri Brajendra Mani Tripathi (Judicial Member) and Shri Man Mohan Gupta (Technical Member) Read More: https://ibclaw.in/prawinchandra-prafulchandra-dwary-liquidator-vs-bank-of-india-nclt-indore-bench/ Download Mobile App(iOS/Android): https://ibclaw.in/mobile-app/ Activate WhatsApp Updates : https://ibclaw.in/whatsapp-updates/ Follow for Daily Updates: Follow on LinkedIn: https://www.linkedin.com/company/ibclaw/ Not just legal news —IBC Laws delivers a full-stack legal research platform, Check More Features: https://ibclaw.in/subscription/

High Court-Gujarat: Whether an insurer can challenge liability under Section 30 of the Workmen’s Compensation Act, 1923 on the grounds of non-joinder and non-coverage of interest when the order joining the employer and insurer has attained finality and the policy terms were not produced before the Commissioner? Workmen’s Compensation Act, 1923, Section 30 – appeal by insurer against award of compensation with interest – challenge on grounds that no policy covered risk of Urja Engineers Private Limited and that policy did not include liability for interest. Held that the order below Exh.28 dated 11.11.2012 joining Urja Engineers Private Limited and United India Insurance Company Limited as party-defendants had not been challenged before any higher forum and had... Citation: (2026) ibclaw.in 3774 HC Read More: https://ibclaw.in/united-india-insurance-company-ltd-vs-sushilaben-pareshkumar-chauhan-and-ors-gujarat-high-court/ Download Mobile App(iOS/Android): https://ibclaw.in/mobile-app/ Activate WhatsApp Updates : https://ibclaw.in/whatsapp-updates/ Follow for Daily Updates: Follow on LinkedIn: https://www.linkedin.com/company/ibclaw/ Not just legal news —IBC Laws delivers a full-stack legal research platform, Check More Features: https://ibclaw.in/subscription/

High Court-Gujarat: Whether a civil suit seeking a permanent injunction against transfer of shares is maintainable when the shares had already been transferred and the Companies Act provides a remedy for rectification before the specialised forum? Code of Civil Procedure, 1908, Sections 9 and 96; Indian Companies Act, 1986, Sections 108, 111, 111A and 1155(2); Companies Act, 2013, Sections 59 and 430 – suit for permanent injunction restraining transfer of shares – maintainability of civil suit – shares already transferred before institution of suit – no prayer for cancellation of transfer or declaration of ownership. Held that the suit was framed as a simpliciter injunction suit... Citation: (2026) ibclaw.in 3775 HC Read More: https://ibclaw.in/nitin-m-parekh-and-ors-vs-castrol-india-ltd-and-ors-gujarat-high-court/ Download Mobile App(iOS/Android): https://ibclaw.in/mobile-app/ Activate WhatsApp Updates : https://ibclaw.in/whatsapp-updates/ Follow for Daily Updates: Follow on LinkedIn: https://www.linkedin.com/company/ibclaw/ Not just legal news —IBC Laws delivers a full-stack legal research platform, Check More Features: https://ibclaw.in/subscription/

High Court-Karnataka: Whether a tender condition disqualifying a bidder whose Promoter Director is a defaulter or linked to NPA credit facilities is arbitrary under Article 14, and whether Sri T. Gautham Pai remained a Promoter Director of the bidder company despite re-categorisation as a Professional Director? Constitution of India, Article 14; Companies Act, 2013, Sections 2(27), 2(69) and 92 – Challenge to tender pre-qualification clause disqualifying a bidder whose Promoter Director is a defaulter or whose credit facilities are classified as NPA, and to consequential rejection of bidder’s technical bid. Held that the impugned clause had a direct nexus with the object of the RFP, namely ensuring that bidders are financially sound and creditworthy; in commercial... Citation: (2026) ibclaw.in 3977 HC Read More: https://ibclaw.in/manipal-technologies-ltd-and-anr-vs-bank-of-baroda-and-ors-karnataka-high-court/ Download Mobile App(iOS/Android): https://ibclaw.in/mobile-app/ Activate WhatsApp Updates : https://ibclaw.in/whatsapp-updates/ Follow for Daily Updates: Follow on LinkedIn: https://www.linkedin.com/company/ibclaw/ Not just legal news —IBC Laws delivers a full-stack legal research platform, Check More Features: https://ibclaw.in/subscription/

NCLT-Mumbai Bench: Whether the NCLT can entertain, under Section 60(5)(c) of the Insolvency and Bankruptcy Code, 2016, a dispute over possession, ownership and lien concerning equipment admittedly not owned by the corporate debtor and allegedly held by a third party after pre-CIRP termination of a subcontract? Insolvency and Bankruptcy Code, 2016 – Sections 19, 60(5)(c); National Company Law Tribunal Rules, 2016 – Rule 11 – dispute concerned equipment sought by the applicant from the RP and the occupier, while the occupier objected to maintainability on the ground that the equipment did not belong to the corporate debtor and the dispute was outside the CIRP. Held that the NCLT’s jurisdiction under Section 60(5)(c) extends only to questions... Citation: (2026) ibclaw.in 2731 NCLT Bench: Shri Sushil Mahadeorao Kochey (Judicial Member) and Mr. Prabhat Kumar (Technical Member) Read More: https://ibclaw.in/seros-energy-pvt-ltd-vs-vijaykumar-v-iyer-rp-of-ses-energy-services-india-pvt-ltd-and-ors-nclt-mumbai-bench/ Download Mobile App(iOS/Android): https://ibclaw.in/mobile-app/ Activate WhatsApp Updates : https://ibclaw.in/whatsapp-updates/ Follow for Daily Updates: Follow on LinkedIn: https://www.linkedin.com/company/ibclaw/ Not just legal news —IBC Laws delivers a full-stack legal research platform, Check More Features: https://ibclaw.in/subscription/