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If Rights Under Debenture Deed Are Transferred Without Prior Approval From Holders, Liabilities Of Corporate Debtor Remain Undischarged: NCLAT
IBC Monthly Digest: May 2025
Subsequent Application U/S 95 IBC Is Barred Where Proceedings Against Same Personal Guarantor Are Already Pending: NCLAT, Chennai
Corporate Debtor Can't Deny Transaction For Which It Earlier Gave Approval: NCLT Delhi
When Entire Debt Amount Has Been Re-Paid, CIRP Process Can't Be Continued: NCLAT Delhi
Absence Of Formal Written Agreement Does Not Preclude Establishment Of Financial Debt: NCLT Delhi
Merely Extending Financial Assistance Can't Be Considered As Loan In Absence Of A Loan Agreement: NCLT Delhi
Liberty Granted By NCLAT To File Fresh Application Does Not Permit Appellant To Alter Date Of Default In Application U/S 7 Of IBC: NCLAT
Only Resolution Professional Is Empowered To File Application For Avoidance Of Preferential Transactions U/S 43 Of IBC: NCLAT
Adjudicating Authority Not Justified In Rejecting Plan Based On Valuation Report When No Objections Were Raised By Stakeholders: NCLAT
Execution Of Fresh Personal Guarantee Post-Restructuring Bars Initiation Of Insolvency Process U/S 95 Of IBC Against Personal Guarantor: NCLAT
Gratuity With Interest Qualifies As Operational Debt U/S 5(21) Of IBC: NCLAT