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Supreme Court Allows Appeal in IBC Case: CIRP Not a Substitute for Execution of Civil Court Decree. Insolvency and Bankruptcy Code, 2016 — Section 7 — Financial Debt — Decree Holder Cannot Bypass Execution Process.

The Supreme Court allowed the appeal filed by Appellants against the order of the NCLAT which had directed admission of a Section 7 petition under the...

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Bombay High Court Quashes Consumer Commission Order and Bailable Warrants Against NBFC in Moratorium Period — Insolvency and Bankruptcy Code Moratorium Bars Continuation of Proceedings Under Consumer Protection Act, 2019.

The petitioner, SREI Equipment Finance Limited, a non-banking financial corporation, challenged an order dated 20.07.2022 passed by the District Consu...

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Supreme Court Allows Appeal in NI Act Case Due to Moratorium Under IBC — Cause of Action Arose After Insolvency Commencement. Director of Corporate Debtor Cannot Be Prosecuted Under Section 138 NI Act When Cause of Action Arose After Moratorium Under Section 14 IBC.

The Supreme Court allowed the appeal filed by a director of a corporate debtor against the order of the Punjab and Haryana High Court dismissing his p...

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Supreme Court Affirms Guarantor's Independent Liability Despite Resolution Plan. Guarantor's obligations remain intact; assets of subsidiaries excluded from holding company’s resolution plans, creditor rights upheld

The Supreme Court of India affirmed that the approval of a resolution plan for a corporate guarantor does not absolve the principal borrower of its li...

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Supreme Court Upholds NCLAT Order in Insolvency Resolution Plan Approval Under Insolvency and Bankruptcy Code, 2016. Resolution Plan Found Compliant with Section 30(2) and Binding on All Stakeholders Despite Pending Creditor Claim Challenges.

The appeal arose under Section 62 of the Insolvency and Bankruptcy Code, 2016, against a judgment dated 4 January 2021 of the National Company Law App...

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Supreme Court Dismisses Appeal in Insolvency Case Due to Lack of Financial Creditor Status. Interest-Free Term Loan Does Not Qualify as Financial Debt Under Section 5(8) of the Insolvency and Bankruptcy Code, 2016 as It Lacks Consideration for Time Value of Money.

The appeal arose under Section 62 of the Insolvency and Bankruptcy Code, 2016 (IBC) against the dismissal by the National Company Law Appellate Tribun...

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Supreme Court Allows Appeal in IBC Limitation Dispute — Application Under Section 7 Held Barred by Limitation. Acknowledgment of Debt in Balance Sheets Does Not Extend Limitation for Initiating CIRP Under IBC.

The Supreme Court allowed the appeal filed by Babulal Vardharji Gurjar, a director of Veer Gurjar Aluminium Industries Pvt. Ltd., against the order of...

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Bombay High Court Dismisses Writ Petition Challenging RBI Circular on Resolution of Stressed Assets. Circular dated 12.02.2018 held to be valid and within RBI's powers under Sections 35A and 35AB of the Banking Regulation Act, 1949.

The petitioners, Jayaswal Neco Industries Limited and Jayaswal Holdings Private Limited, filed a writ petition under Article 226 of the Constitution o...