Failure To Serve Guarantor Insolvency Plea On RP Not Curable If It Prejudices Creditor Rights: NCLAT

The National Company Law Appellate Tribunal (NCLAT) at New Delhi recently held that failure to serve copies of insolvency petitions on the tribunal-appointed resolution professional cannot be treated as a curable procedural lapse when it prejudices creditor rights. On this basis, the Appellate Tribunal dismissed appeals filed by personal guarantors of a corporate borrower for loans extended...

Adjudicating Authority Cannot Allow Arbitration During IBC Moratorium: NCLT Chandigarh

The National Company Law Tribunal (NCLT) at Chandigarh has recently held that the adjudicating authority (NCLT) cannot direct the continuation of pending arbitration proceedings during the moratorium under Section 14 of the Insolvency and Bankruptcy Code. It ruled that such a direction would be beyond the tribunal's jurisdiction under Section 60(5) and would defeat the purpose of...

Del Credere Agent Who Bears Buyer Default Risk Is Operational Creditor Under IBC: NCLAT Reaffirms

The National Company Law Appellate Tribunal (NCLAT) at New Delhi on Wednesday reiterated that a Del Credere Agent, an agent who guarantees payment to the supplier and bears the risk if the buyer defaults, is an operational creditor under the Insolvency and Bankruptcy Code and can initiate insolvency proceedings to recover unpaid dues. A bench of Judicial Member Justice Yogesh Khanna...

LiveLawBiz: Business Law Daily Round-Up: December 17, 2025

TAX Commission Earned On Sale Of Agricultural Produce Attracts Service Tax Under 'Business Auxiliary Service': CESTAT AhmedabadService Tax | Extended Limitation Cannot Be Invoked Without Mens Rea, Deliberate Intent To Evade Duty To Be Proven: CESTAT ChandigarhNon-Availability Of GSTAT Cannot Be Used To Bypass Mandatory Pre-Deposit U/S 112(8) CGST Act: Orissa High CourtGST | Cannot Seek...

Financial Creditor Cannot Refuse To Share CIRP Cost After Taking Part In Its Approval: NCLT Delhi

The National Company Law Tribunal (NCLT) at New Delhi has ruled that a financial creditor cannot refuse to pay its share of insolvency costs after participating in Committee of Creditors (CoC) meetings where those costs were placed before members and approved. A bench of Judicial Member Manni Sankariah Shanmuga Sundaram and Technical Member Atul Chaturvedi directed CFM Asset Reconstruction...

Claim Filed In Borrower Insolvency Not A Demand On Personal Guarantor, Cannot Trigger Insolvency: NCLT Kolkata

The National Company Law Tribunal (NCLT) at Kolkata has recently held that merely filing a claim in the borrower's insolvency proceedings cannot be treated as a demand on the personal guarantor, reiterating that a guarantee must be formally invoked in accordance with its terms before insolvency proceedings can be initiated against a guarantor. On this reasoning, the tribunal dismissed...

NCLT Ahmedabad Clears First Stage Of Adani Harbour–Adani Ports Merger

The National Company Law Tribunal (NCLT) at Ahmedabad on Tuesday cleared the first stage of the proposed merger between Adani Harbour Services Limited and its holding company Adani Ports and Special Economic Zone Limited, allowing the companies to move forward with the amalgamation process while dispensing with meetings of shareholders and creditors. A coram comprising Judicial Member...

NCLT Mumbai Admits Tata Capital's Insolvency Plea Against Dharan Infra Over ₹28 Crore Default

The National Company Law Tribunal (NCLT) at Mumbai has admitted an insolvency application filed by Tata Capital Housing Finance Ltd against Dharan Infra EPC Ltd, a real estate and infrastructure company, holding that the lender had established debt and default exceeding Rs 28 crore and initiating the corporate insolvency resolution process. The bench of Judicial Member Nilesh Sharma...

Appellate Jurisdiction Confined To Orders Determining Rights Of Parties, Not Procedural Directions: NCLAT

The National Company Law Appellate Tribunal (NCLAT) at Chennai on Tuesday held that appellate jurisdiction under the Insolvency and Bankruptcy Code is confined to examining orders of the National Company Law Tribunal (NCLT) that adjudicate or determine the rights of parties, and does not extend to purely procedural or interlocutory directions such as issuance of notice. The Bench of...

NCLT Mumbai Dismisses Housekeeping Services Firm's Insolvency Plea Against RCom Arm Reliance Realty

The National Company Law Tribunal (NCLT) at Mumbai has dismissed an insolvency petition filed by A2Z Infraservices Ltd against Reliance Realty Ltd, a subsidiary of debt-ridden Reliance Communications Ltd, holding that the bills relied upon by the operational creditor had not become payable under the contract and therefore could not establish any default. The tribunal found that the work...

Corporate Guarantee Need Not Be Invoked To File Claim In Guarantor's CIRP: NCLAT

The National Company Law Appellate Tribunal (NCLAT) at Delhi has held that a financial creditor can maintain its claim in the Corporate Insolvency Resolution Process (CIRP) of a corporate debtor that had stood as a guarantor for another company, even if the corporate guarantee was never invoked. It further held that invocation of a corporate guarantee is relevant only for initiating CIRP...

Company Must Approach ROC First Before Coming To NCLT For Rectification Of Register of Members: NCLT Kochi

The National Company Law Tribunal (NCLT) at Kochi, has held that a company cannot bypass the Registrar of Companies (ROC) and directly approach the tribunal to correct its shareholding records under the Companies Act, 2013, ruling that such attempts undermine statutory disclosures and penal provisions. Dismissing an appeal filed by Nuventure Connect Private Limited, the coram of Judicial...