SUPREME COURT

'Judicial Discipline' Requires HC To Refrain From Entertaining Writ Against Appealable NCLT Order: Supreme Court

Case Title : DAVIS KOOTTALA VARKEY & ORS. VERSUS SAMSON T. GEORGE & ORS.

Case Number : SPECIAL LEAVE PETITION No.18523/2026

CITATION : 2026 LLBiz SC 278

The Supreme Court has set aside a Kerala High Court order that entertained a writ petition challenging an NCLT order passed during liquidation proceedings.

Supreme Court To Examine If Winding-Up Petitions Transferred From HC To NCLT Must Meet IBC Threshold

Case Title : M/S AIDEM VENTURES PVT. LTD. VS. M/S. SKYLINE RADIO NETWORK LTD.

Case Number : DIARY NO. - 40757/2026

The Supreme Court on Wednesday agreed to examine whether a winding-up petition filed before a High Court can be subjected to the ₹1 crore minimum default threshold under the Insolvency and Bankruptcy Code after being transferred to the National Company Law Tribunal.

The Supreme Court on Thursday stayed the operation of the National Company Law Appellate Tribunal's (NCLAT) July 29, 2026.

The NCLAT held that the NCLT can adjudicate a dispute concerning an easementary right of way under the Insolvency and Bankruptcy Code where the dispute has a direct nexus with the insolvency or liquidation proceedings and affects value maximisation of the corporate debtor's assets.

HIGH COURT

Personal Insolvency Moratorium Does Not Stay Cheque-Bounce Proceedings Against Directors: Bombay High Court

Case Title : Jagmohan Garg v. National Spot Exchange Ltd and Anr

Case Number : Application No. 1749 of 2024

CITATION : 2026 LLBiz HC(BOM) 464

The Bombay High Court has held that personal insolvency proceedings initiated by a company director do not require cheque-bounce proceedings against the director to be stayed where the dishonoured cheque was issued towards the company's debt.

Insolvency Does Not Bar Liquidator From Recovering Chit Company Dues: Madras High Court

Case Title : P.V Krishnaprasad v. The Inspector General of Registration and Ors

Case Number : Crl.OP No. 21824 of 2026

CITATION : 2026 LLBiz HC(MAD) 240

The Madras High Court on 10 August held that the pendency of insolvency proceedings against a chit company does not prevent its Liquidator from taking steps under the Chit Funds Act, 1982 to recover amounts due to the company. Justice D. Bharatha Chakravarthy directed the Economic Offences Wing (EOW) to furnish the Liquidator of Thiripura Chits Private Limited with a complete set of investigation materials so that he could initiate recovery proceedings under the Chit Funds Act.

RERA Recovery Proceedings Not Automatically Illegal During CIRP: Karnataka High Court

Case Title : Mr. M Govind Reddy and Anr v. The State of Karnataka and Ors

Case Number : Writ Petition No. 23165 of 2026

CITATION : 2026 LLBiz HC (KAR) 147

The Karnataka High Court on 11 August held that the mere pendency of the Corporate Insolvency Resolution Process (CIRP) against a developer does not automatically render recovery proceedings initiated under another statute illegal.

IBC Amendment Excluding Personal Guarantors From Interim Moratorium Is Retroactive: Delhi High Court

Case Title : IDBI TRUSTEESHIP SERVICES LIMITED vs MANISH JAIN & ORS.

Case Number : CS(COMM) 800/2025

CITATION : 2026 LLBiz HC (DEL) 859

The Delhi High Court on 19 August held that the amendment inserting Section 96(4) into the Insolvency and Bankruptcy Code, 2016 (IBC) is retroactive and applies to pending insolvency applications, even though the Amending Act does not expressly say so.

Bombay High Court Upholds IBBI's Power To Levy 0.25% Fee On Successful Resolution Plans

Case Title : Hazel Mercantile Limited and Others v, Insolvency and Bankruptcy Board of India and Anr

Case Number : Writ Petition No. 703 of 2023

CITATION : 2026 LLbiz HC(BOM) 467

The Bombay High Court on 19 August upheld the validity of Regulation 31A of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016, holding that the provision enabling the IBBI to levy a regulatory fee on successful resolution plans is neither ultra vires the Insolvency and Bankruptcy Code, 2016 nor violative of Article 14 of the Constitution

NCLAT

NCLAT Dismisses Byju Raveendran's Appeal Against Glas Trust's Voting Share In BYJU'S' Committee of Creditors

Case Title : Byju Raveendran Vs GLAS Trust Company LLC & Shailendra Ajmera

Case Number : Company Appeal (AT) (Insolvency) 383/2026

CITATION : 2026 LLBiz NCLAT 321

The National Company Law Appellate Tribunal (NCLAT), Chennai, on Monday dismissed an appeal filed by Byju Raveendran, suspended director and promoter of Think & Learn Pvt. Ltd., challenging Glas Trust's majority voting share in the company's Committee of Creditors (CoC).

NCLAT New Delhi Dismisses Chemstar Director's Appeal Against CIRP Admission Over ₹11.87 Crore Claim

Case Title : Ashutosh Majumdar Vs Omkara Asset Reconstruction Private Limited

Case Number : Company Appeal (AT) (Insolvency) 351/2025

CITATION : 2026 LLBiz NCLAT 322

On 18 August, the New Delhi National Company Law Appellate Tribunal (NCLAT) held that the National Company Law Tribunal (NCLT) need not determine the exact quantum of dues while admitting a petition under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC), once debt and default are established and the default exceeds the statutory threshold of Rs. 1 crore

Mere Notice Seeking Reply In SFIO Investigation Application Not Appealable: NCLAT New Delhi

Case Title : CFM Asset Reconstruction Private Limited Vs Canterbury Real Tech Private Limited

Case Number : Company Appeal (AT) (Insolvency) 1556/2025

CITATION : 2026 LLBiz NCLAT 323

On 18 August, the New Delhi National Company Law Appellate Tribunal (NCLAT) held that an order merely directing parties to issue notice and file replies does not cause immediate prejudice and cannot form the subject matter of an appeal.

NCLAT Restores Insolvency Petition Dismissed After Counsel Missed Hearing

Case Title : Icatalyst Wealth Advisors Pvt. Ltd. Vs Sir John Bakeries India Pvt. Ltd.

Case Number : Company Appeal (AT) (Insolvency) 2047/2025

CITATION : 2026 LLBiz NCLAT 324

The National Company Law Appellate Tribunal (NCLAT), Delhi, has held that an insolvency petition dismissed for want of prosecution can be sought to be restored through a restoration application accompanied by a plea for condonation of delay. The tribunal ruled that a litigant should not be made to suffer when the non-appearance was due to a bona fide mistake by counsel. The bench comprised Judicial Member Justice Sharad Kumar Sharma and Technical Member Indevar Pandey.

Homebuyers Seeking Refund Through Arbitration Cannot Claim Financial Creditor Status: NCLAT New Delhi

Case Title : Sumit Bansal & Ors Vs Rajeev Lochan

Case Number : Company Appeal (AT) (Insolvency) 858/2025

CITATION : 2026 LLBiz NCLAT 325

The New Delhi National Company Law Appellate Tribunal (NCLAT) on 19 August held that homebuyers who invoke arbitration to seek refund of their investment cannot simultaneously claim the status of financial creditors under the Insolvency and Bankruptcy Code (IBC), holding that their conduct amounts to giving up their status as allottees claiming financial debt.

Proponent Choosing To Withdraw After Non‑Acceptance Of Scheme In Liquidation Cannot Be Forced To Pay EMD: NCLAT Chennai

Case Title : Sun Paper Ltd. Vs S. Dhanapal

Case Number : Company Appeal (AT) (Insolvency) 205/2023

CITATION : 2026 LLBiz NCLAT 327

The National Company Law Appellate Tribunal (NCLAT) at Chennai has ruled that a scheme proponent cannot be compelled to forfeit its Earnest Money Deposit (EMD) guarantee after choosing to withdraw once its scheme was not accepted in the liquidation process.

NCLAT New Delhi Holds Reasonable Time Must Be Granted After PIRP Plan Approval, Sets Aside NCLT Order

Case Title : Indian Bank Vs Mrs. Sneha Dharmendra Shah & Anr.

Case Number : Company Appeal (AT) (Insolvency) 1454/2026 & 1457/2026

CITATION : 2026 LLBiz NCLAT 328

The New Delhi National Company Law Appellate Tribunal (NCLAT) on 19 August held that where a repayment plan submitted by personal guarantors has been approved in principle by the sole financial creditor, reasonable time must be granted to complete the Personal Insolvency Resolution Process (PIRP), as denying such time would defeat the purpose of the process.

NCLT

Suspended Director Status Alone Cannot Justify Harsher Standard For His Resolution Plan: NCLT Kochi

Case Title : Mr. N.K Kurian v. Mr. K. Easwara Pillai and Anr

Case Number : IA(IBC)/284/KOB/2026

CITATION : 2026 LLBiz NCLT(KOC) 822

The National Company Law Tribunal (NCLT), Kochi, has recently ruled that a Resolution Plan cannot be subjected to a more onerous standard merely because it has been submitted by a suspended director.

Bank's Internal Policies Cannot Override IBC Or RP Appointment Order: NCLT Guwahati

Case Title : Indian Bank v. Sudha Sarma

Case Number : IA(IBC)/55/GB/2026

CITATION : 2026 LLBiz NCLT(BEN) 823

The Guwahati National Company Law Tribunal (NCLT) on 24 July held that a bank's internal policies cannot override the statutory scheme of the Insolvency and Bankruptcy Code, 2016 (IBC) or the Tribunal's order appointing a Resolution Professional (RP).

SARFAESI Proceedings, ED Provisional Attachment Do Not Bar CIRP: NCLT Ahmedabad

Case Title : CFM Asset Reconstruction Private Limited Vs Capbridge Venture LLP

Case Number : C.P.(IB)/225(AHM)2026

CITATION : 2026 LLBiz NCLT (AHM) 824

The Ahmedabad bench of the National Company Law Tribunal (NCLT) has held that ongoing SARFAESI proceedings and provisional attachment of a secured property by the Directorate of Enforcement do not bar initiation of the Corporate Insolvency Resolution Process (CIRP) against Capbridge Venture LLP. “The contention that proceedings under the SARFAESI Act, 2002 bar the present Petition is untenable. The remedies available under the SARFAESI Act and the Insolvency and Bankruptcy Code operate in different fields, and initiation of statutory recovery measures does not preclude proceedings under Section 7 of the Code,” the tribunal observed.

NCLT Guwahati Admits IL&FS Insolvency Plea, Holds Pledged Shares Dispute No Defence To Default

Case Title : IL&FS Financial Services Limited v Adhunik Meghalaya Steels Private Limited

Case Number : CP(IB)/2/GB/2024

CITATION : 2026 LLBiz NCLT(GUA) 828

The Guwahati National Company Law Tribunal (NCLT) has held that a dispute over the invocation and appropriation of pledged securities cannot defeat an insolvency petition under Section 7 of the Insolvency and Bankruptcy Code, 2016, once the existence of financial debt and default is established. A Bench of Judicial Member Rammurti Kushawaha and Technical Member Yogendra Kumar Singh made the observation while admitting an insolvency petition filed by IL&FS Financial Services Limited against Adhunik Meghalaya Steels Private Limited.

NCLT Mumbai Admits ₹11.94 Cr Insolvency Plea Against Reliance Entertainment, Says Security Deposit Is Debt

Case Title : Pen India Private Limited Vs. Reliance Entertainment Studios Private Limited

Case Number : C.P. (IB)/1063/MB/2025

CITATION : 2026 LLBiz NCLT (MUM) 829

The Mumbai National Company Law Tribunal (NCLT) on 19 August held that an amount advanced under a Security Deposit Agreement can constitute a financial debt under Section 5(8) of the Insolvency and Bankruptcy Code, 2016 (IBC).

NCLT Delhi Permits Withdrawal Of Aviator ML 29641 Insolvency Plea Against SpiceJet, Imposes ₹15 Lakh Costs

Case Title : Aviator ML 29641, Limited Vs Spicejet Limited

Case Number : IB-674/ND/2024

CITATION : 2026 LLBiz NCLT(DEL) 831

The National Company Law Tribunal (NCLT), New Delhi, on 19 August allowed Aviator ML 29641 to withdraw its insolvency petition against SpiceJet Limited under Section 9 of the Insolvency and Bankruptcy Code, 2016, but imposed costs of Rs. 15 lakh on both parties for seeking withdrawal after the matter had been reserved for orders.

NCLT Chandigarh Sets Aside Canara Bank's SARFAESI Sale Of Mohan Rail Components' Assets

Case Title : Jaspal Singh & Ors Vs Canara Bank & Ors

Case Number : IA(I.B.C)/438(CH)2026 IN CP(IB)No.23/Chd/Pb/2023

CITATION : 2026 LLBiz NCLT(CHA) 832

The Chandigarh Bench of the National Company Law Tribunal (NCLT) has allowed applications filed by Jaspal Singh and Narinder Kaur, suspended directors and personal guarantors of Mohan Rail Components, and set aside the sale certificate issued by Canara Bank in respect of the company's core assets on 1 January 2026.

NCLT Indore Dismisses Union Bank's Plea To Include Four Belated EOIs In JSM Devcons CIRP

Case Title : Union Bank of India Vs Chaya Gupta RP of JSM Devcons India Pvt Ltd

Case Number : IA/580(MP)2025 in TP 230 of 2019 [CP(IB) 192 of 2017

CITATION : 2026 LLBiz NCLT (IND) 833

The Indore National Company Law Tribunal (NCLT) dismissed Union Bank of India's plea seeking inclusion of four belated EOIs in the Corporate Insolvency Resolution Process (CIRP) of JSM Devcons India Pvt. Ltd.

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