Personal Guarantor Who Participated In NCLT Proceedings Can Appeal Insolvency Admission: NCLAT

The National Company Law Appellate Tribunal (NCLAT) at New Delhi has held that a personal guarantor who was permitted to participate in proceedings before the Adjudicating Authority qualifies as an “aggrieved person” entitled to maintain an appeal under the Insolvency and Bankruptcy Code against the admission of insolvency proceedings. The ruling came in an appeal filed by Ashwin Smith,...

Homebuyers Can Invoke IBC Against Developer Despite Pending RERA Case Over Project Delay: NCLT Kochi

The National Company Law Tribunal (NCLT) at Kochi has held that homebuyers are not barred from invoking insolvency proceedings merely because complaints over project delays are pending before the Real Estate Regulatory Authority (RERA, as long as financial default and distress are established under the Insolvency and Bankruptcy Code. Admitting a Section 7 application filed by 30...

NCLT Mumbai Clears Capital Reduction of Company Behind Tax Sutra

The National Company Law Tribunal (NCLT) at Mumbai has approved the reduction of share capital of Realtime Taxsutra Services Pvt Ltd from Rs 1.61 lakh to Rs 1.46 lakh, clearing the proposal of the company that operates an online platform providing real-time updates on tax disputes, judicial rulings and regulatory developments. The approval was granted by a bench comprising Judicial Member...

NCLT Mumbai Approves Ashdan Properties' Rs 900 Crore Plan To Revive Rolta India

The National Company Law Tribunal (NCLT) at Mumbai has approved a Rs 900 crore resolution plan submitted by Ashdan Properties Pvt Ltd to revive debt-laden Rolta India Ltd, holding that once a plan complies with insolvency law, the tribunal cannot interfere with the commercial decisions taken by lenders. A bench of Judicial Member Sushil Mahadeorao Kochey and Technical Member Prabhat...

IBC | All Property, Including Alleged Benami Assets, Shielded From Action Over Pre-Resolution Offences: Madras High Court

The Madras High Court has recently held that once a resolution plan is approved under the Insolvency and Bankruptcy Code, authorities cannot proceed against any property standing in the name of a corporate debtor for offences committed before the insolvency process, even if such property is alleged to be held benami. A single bench of Justice G R Swaminathan ruled that Section 32A(2) of...

Not Your Panel, Not Your Pick: NCLAT Draws A Clear Line On Liquidator Appointments

A recent NCLAT ruling extends creditor primacy into liquidation. But does the IBC’s design support this judicial bridge between two distinct stages?

Oppression Claims Against Majority Shareholders Not Ground To Wind Up Company: NCLT Mumbai

The National Company Law Tribunal (NCLT) at Mumbai has dismissed a winding up plea against Nissan Motor India's former sales and distribution partner Hover Automotive India Pvt Ltd, holding that allegations of oppression by majority shareholders cannot justify liquidation when alternative remedies exist under the Companies Act. A coram of Judicial Member Sushil Mahadeorao Kochey and...

Breach of Settlement Terms No Ground To Recall Order Disposing Of Insolvency Proceedings: NCLAT

The National Company Law Appellate Tribunal (NCLAT) at Chennai has recently ruled that non-compliance with compromise terms cannot justify recall of a final order disposing of insolvency proceedings and must be addressed through execution proceedings. A bench of Judicial Member Justice Sharad Kumar Sharma and Technical Member Indevar Pandey held that once a case is finally disposed of on...

LiveLawBiz: Business Law Daily Round-Up: December 15, 2025

TAX Delhi High Court Quashes ₹45.36 Crore GST Demand Against NBCC After Finance Ministry ClarificationGST | CBIC Circulars Cannot Shield Dubious Transactions; Must Operate Within Statutory Framework: Calcutta High CourtCGST Act | Gujarat High Court Upholds Power To Confiscate Goods During Transit For Tax Evasion, Clarifies Scope Of S.129 & 130Bank Not 'Assessee In Default' For Not...

Written-Off Debt Recoverable: NCLT Delhi Admits Bhushan Power Plea Against Former Subsidiary Over Rs 137 Crore

The National Company Law Tribunal (NCLT) at New Delhi has admitted an insolvency application filed by Bhushan Power & Steel Ltd against its former subsidiary Atma Ram House Investment Pvt. Ltd. The tribunal held that the Rs 136.92 crore amount advanced towards a commercial space in Delhi, qualifies as financial debt despite having been written off in the books and described as...

Limitation For Filing Appeal Against NCLT Order Begins From Date Of Its Upload: NCLAT

The National Company Law Appellate Tribunal at Chennai has held that the limitation period for filing an appeal against an order of the National Company Law Tribunal (NCLT) begins from the date the order is uploaded on the tribunal's website. On this ground alone, it dismissed two appeals filed by Cerebra Integrated Technologies Ltd as time-barred. A coram comprising Judicial Member...

Delhi High Court Quashes Pre- Insolvency Resolution GST Demands Against Patanjali Foods

The Delhi High Court has set aside GST demands raised against Patanjali Foods Limited (Ruchi Soya) for periods preceding the final approval of its insolvency resolution plan on September 4, 2019. The court held that all statutory dues not included in the approved plan stood extinguished. A division bench of Justice Prathiba M Singh and Justice Shail Jain, in a judgment delivered on December...