LiveLawBiz IBC Weekly Digest: August 3 - August 8, 2026

Update: 2026-08-10 08:48 GMT

HIGH COURT

IBC Amendment Removing Interim Moratorium For Personal Guarantors Applies To Pending Cases: Bombay High Court

Case Title : Tata Capital Financial Services Limited v. Neel Motors LLP and Ors

Case Number : Commercial Arbitration Petition No. 620 of 2021

CITATION : 2026 LLBiz HC(BOM) 430

The Bombay High Court has ruled that a recent amendment removing the automatic interim moratorium available to personal guarantors to corporate debtors under the Insolvency and Bankruptcy Code applies even to pending insolvency proceedings. Justice Somasekhar Sundaresan observed that the amendment, which took effect on May 26, 2026, applies to pending proceedings and operates retroactively, not retrospectively.

NCLAT

NCLAT Stays NCLT Order Upholding Rejection Of ARCIL's ₹3,482 Crore Claim Against JCT

Case Title : Asset Reconstruction Company (India) Ltd. Vs Umesh Garg

Case Number : Company Appeal (AT) (Insolvency) 1246/2026

CITATION : 2026 LLBiz NCLAT 311

The National Company Law Appellate Tribunal (NCLAT) has recently kept in abeyance a National Company Law Tribunal (NCLT) order that upheld the Resolution Professional's rejection of Asset Reconstruction Company (India) Ltd.'s (ARCIL) financial claim against textile manufacturer JCT Ltd. The appellate tribunal observed that the issue of limitation must be decided before the committee of creditors (CoC) votes on a resolution plan.

NCLAT Sets Aside Liquidator Appointment After NCLT Overlooked CoC's Recommendation

Case Title : Rajesh Mehru Vs Punjab National Bank & Rajeesh Gupta

Case Number : Company Appeal (AT) (Insolvency) 530/2026

CITATION : 2026 LLBiz NCLAT 312

The National Company Law Appellate Tribunal (NCLAT) at Delhi has ruled that an adjudicating authority cannot appoint a liquidator without considering the Committee of Creditors' (CoC) unanimous recommendation. It set aside an NCLT order that independently appointed an insolvency professional from an IBBI panel instead of considering the CoC's choice. A bench of Judicial Member Justice Sharad Kumar Sharma and Technical Members Arun Baroka and Indevar Pandey observed that Section 34(1) of the Insolvency and Bankruptcy Code makes the resolution professional's continuation as liquidator the default position.

NCLAT New Delhi Sets Aside Monte Carlo Insolvency Order After Settlement & Prior Dispute Admission

Case Title : Mrunal Kanubhai Patel Vs Vanshita Transport

Case Number : Company Appeal (AT) (Insolvency) 1214/2026

CITATION : 2026 LLBiz NCLAT 313

The New Delhi National Company Law Appellate Tribunal (NCLAT) on 3 August held that an insolvency process cannot continue once the operational creditor's claim has been fully settled and the creditor has no objection to setting aside the admission order. A Bench comprising Judicial Member Justice Mohd Faiz Alam Khan with Technical Members Indevar Pandey and Arun Baroke set aside the order passed by the Ahmedabad Bench of the National Company Law Tribunal (NCLT) admitting the Section 9 petition (provision allowing an operational creditor to initiate insolvency proceedings for unpaid operational debt) filed by Vanshita Transport against Monte Carlo Limited.

NCLAT Upholds Order Directing Suspended Log 9 Directors To Help Gensol RP Recover Leased EVs

Case Title : AKSHAY SINGHAL & Ors Vs KESHAV KHANEJA & Ors

Case Number : Company Appeal (AT) (Insolvency) 1364/2026

CITATION : 2026 LLBiz NCLAT 315

The National Company Law Appellate Tribunal (NCLAT) has upheld directions requiring the suspended directors of electric mobility company Log 9 Mobility Pvt. Ltd. to assist the resolution professional (RP) of EV leasing company Gensol EV Lease Ltd. in identifying and recovering leased electric vehicles. It ruled that the National Company Law Tribunal (NCLT) has wide powers under Section 60(5) of the Insolvency and Bankruptcy Code (IBC) to issue such directions during insolvency proceedings.

NCLAT Reserves Orders On Ex-Employee's Challenge To Jet Airways Aircraft Sale

Case Title : Aman Monga & Anr. Vs The Liquidator of Jet Airways (India) Ltd. & Ors.

Case Number : Company Appeal (AT) (Insolvency) 1257/2026

The National Company Law Appellate Tribunal (NCLAT) on Thursday reserved orders on an appeal filed by former Jet Airways employee Aman Monga challenging the dismissal of his application seeking to set aside the sale of certain Boeing 777-300ER aircraft assets during the airline's liquidation proceedings. The bench of Judicial Member Justice Mohammad Faiz Alam Khan and Technical Member Arun Baroka also granted the parties three days to file written submissions not exceeding two pages.

NCLAT Allows Party To Contest Ex-Parte Proceedings, Says Parties Shouldn't Be Penalised For Counsel's Mistakes

Case Title : Nitu Mittal Vs Rajesh Bansal & Anr

Case Number : Company Appeal (AT) (Insolvency) 297/2026

CITATION : 2026 LLBiz NCLAT 316

The National Company Law Appellate Tribunal (NCLAT), New Delhi, has observed that an advocate's duty extends beyond diligently conducting a case. It includes maintaining regular communication with the client and informing them about the status of proceedings. A bench of Judicial Member Justice Mohammad Faiz Alam Khan and Technical Member Naresh Salecha made the observation while setting aside an NCLT order that had dismissed an application seeking recall of an order setting proceedings ex-parte.

NCLAT Dismisses Tropical Ventures' Plea To Halt Distribution Of INCAB Resolution Plan Funds

Case Title : Tropical Ventures Company Ltd Vs INCAB Industries Ltd

Case Number : I.A. No. 5101 of 2026 in Company Appeal (AT) (Insolvency) 662/2024

CITATION : 2026 LLBiz NCLAT 317

The National Company Law Appellate Tribunal (NCLAT) at Delhi has recently dismissed an application filed by Tropical Ventures Company Ltd. seeking to prevent distribution of funds under Vedanta Ltd.'s resolution plan for INCAB Industries Ltd. Tropical filed the application while its challenge to the NCLAT's June 30, 2026, judgment was pending before the Supreme Court. It wanted the amount under the resolution plan to be kept in an interest-bearing account until its ₹295 crore claim was finally adjudicated.

NCLT

NCLT Delhi Approves Revised Resolution Plan For JNC Constructions After Supreme Court Remand

Case Title : PRABHJIT SINGH SONI Vs GAUTAM BUILDERS WITH RAPID CONTRACTS PVT. LTD

Case Number : I.A No. 42 (Plan) of 2024 in C.P. NO. IB- 272 (PB)/2019

CITATION : 2026 LLBiz NCLT(DEL) 776

The Delhi bench of the National Company Law Tribunal (NCLT) has approved the resubmitted resolution plan for JNC Constructions Pvt. Ltd., submitted by Gautam Builders in consortium with Rapid Contracts Pvt. Ltd. The approval comes after the Supreme Court set aside the tribunal's 2020 order and directed the Committee of Creditors (CoC) to reconsider the plan. A coram of Judicial Member Jyotsna Sharma and Technical Member Anu Jagmohan Singh observed that the tribunal's powers while considering a resolution plan are limited.

Suspended Directors Cannot Operate Company Bank Accounts After CIRP Admission: NCLT Amaravati

Case Title : Global Enterprise and Another vs. Suvarnabhoomi Infra Developers Pvt Ltd.

Case Number : IA(IBC)/155/2026, IA(IBC)/156/2026, IA(IBC)/142/2026, IA(IBC)/101/2026 in CP(IB)/57/7/AMR/2024

CITATION : 2026 LLBiz NCLT(AMR) 777

The National Company Law Tribunal (NCLT) at Amaravati has held that once a corporate debtor is admitted into the Corporate Insolvency Resolution Process (CIRP), its suspended management has no authority to operate the company's bank accounts or transfer its funds. A coram of Judicial Member Kishore Vemulapalli and Technical Member Umesh Kumar Shukla observed that any operation of the company's bank account or transfer of funds without the Interim Resolution Professional's (IRP) authorisation violates Sections 14 and 17 of the Insolvency and Bankruptcy Code, 2016.

NCLT Ahmedabad Dismisses Insolvency Plea Against Suzlon Energy

Case Title : Harri Wind Farms Vs Suzlon Energy Limited

Case Number : CP(IB)/318(AHM)2022

CITATION : 2026 LLBiz NCLT (AHM) 778

The Ahmedabad Bench of the National Company Law Tribunal (NCLT) has recently rejected an insolvency plea against Suzlon Energy Limited. The plea was rejected after finding that the claim was time-barred and arose out of a pre-existing dispute. The petition was filed by Harri Wind Farms, which sought initiation of insolvency proceedings after claiming Rs 9.70 crore towards land procurement, No Objection Certificates (NOCs), and Power Evacuation (PE) connectivity for a proposed 25 MW wind power project in Tamil Nadu

NCLT Admits PNB's ₹294.65 Crore Claim Against TV Vision, Holds OTS Proposals Extend Limitation Period

Case Title : Punjab National Bank Vs TV Vision Limited

Case Number : C.P. (IB)/143(MB)2026

CITATION : 2026 LLBiz NCLT (MUM) 779

The Mumbai Bench of the National Company Law Tribunal (NCLT) on 30 July admitted Punjab National Bank's insolvency application against TV Vision Ltd under Section 7 of the Insolvency and Bankruptcy Code, 2016, after finding that the loan transaction qualified as a financial debt and that default was established through documentary evidence. A Bench comprising Judicial Member Nilesh Sharma and Technical Member Sameer Kakar noted that repeated one time settlement (OTS) proposals acknowledging outstanding dues extend the limitation period under Section 18 of the Limitation Act

Liquidator Not Entitled To Additional Remuneration For Litigation-Related Delay: NCLT Kochi

Case Title : CA Mahalingam Suresh Kumar v. Union Bank of India and Anr

Case Number : IA(IBC)/248/KOB/2025

CITATION : 2026 LLBiz NCLT (KOC) 780

The National Company Law Tribunal (NCLT) at Kochi has recently held that a liquidator cannot claim additional remuneration beyond the fee prescribed under the statutory framework merely because the liquidation process remained pending due to litigation. The tribunal accordingly dismissed an application filed by the liquidator of Raihan Healthcare Private Limited. A coram of Judicial Member Vinay Goel and Technical Member Ravichandran Ramasamy was hearing an application filed by the liquidator.

NCLT Ahmedabad Rejects Conart Engineers' Insolvency Plea Against Senores Over Pre Existing Dispute

Case Title : Conart Engineers Limited Vs Senores Pharmaceuticals Limited

Case Number : C.P.(IB)/107(AHM)2026 with IA/734(AHM)2026

CITATION : 2026 LLBiz NCLT (AHM) 781

The Ahmedabad National Company Law Tribunal (NCLT) on 30 July held that an insolvency petition cannot be admitted when a pre existing dispute exists between parties over contractual claims, including certification of bills, recoveries and retention money. A Bench of Judicial Member Shammi Khan and Technical Member Sanjeev Sharma dismissed Conart Engineers Limited's insolvency petition against Senores Pharmaceuticals Limited, holding that a dispute between the parties existed before the demand notice was issued. It also rejected an application alleging fraudulent initiation of insolvency proceedings.

NCLT Delhi Refuses To Recall 4-Year-Old Resolution Plan, Says Inherent Power Can't Revive Time-Barred Appeal

Case Title : Manoj kumar Goyal and Anr. V. Dinesh Kehtan

Case Number : IA NO. 1258 OF 2025 IN C.P.(IB) NO. 572(PB)/2019

CITATION : 2026 LLBiz NCLT (DEL) 782

The National Company Law Tribunal (NCLT) at New Delhi has refused to recall a resolution plan approved more than four years ago. It ruled that its limited inherent power of recall under Rule 11 of the NCLT Rules cannot be used as a substitute for a time-barred appeal under the Insolvency and Bankruptcy Code (IBC) or to reopen the Committee of Creditors' (CoC) commercial wisdom. "The limited inherent power of recall preserved under Rule 11 of the NCLT Rules, 2016 cannot be invoked as a substitute for a time-barred appeal under Section 61 of the Code, nor to reopen the non-justiciable commercial wisdom of the CoC or to conduct a fact-intensive enquiry into fraud that is beyond the summary jurisdiction of this Tribunal," the tribunal observed.

Protective Covenants In Finance Documents Do Not Make Financial Creditors 'Related Parties': NCLT Delhi

Case Title : Rishi Gupta and Anr v. IDBI Trusteeship Services Limited and Ors

Case Number : I.A. 3699 ND 2024 IN C.P. IB 445 (ND) OF 2023

CITATION : 2026 LLBiz NCLT(DEL) 786

The New Delhi National Company Law Tribunal (NCLT) has held that protective covenants in financing documents, including escrow arrangements, reserved matter approvals, monitoring rights and inspection mechanisms, do not by themselves make financial creditors “related parties” under the Insolvency and Bankruptcy Code, 2016 (IBC), unless such rights demonstrate actual control over the management or affairs of the corporate debtor.

NCLT Ahmedabad Rejects Insolvency Plea Against Sadbhav Engineering, Holds MoU Claims Cannot Trigger IBC

Case Title : N.S. COMPANY Vs SADBHAV ENGINEERING LIMITED

Case Number : C.P. (IB)/34(AHM)2024

CITATION : 2026 LLBiz NCLT (AHM) 784

The Ahmedabad National Company Law Tribunal (NCLT) on 29 July held that claims arising solely from a Memorandum of Settlement (MoU) or settlement agreement do not constitute “operational debt” under Section 5(21) of the Insolvency and Bankruptcy Code, 2016 (IBC), as such claims do not arise from the supply of goods or services. A Bench comprising Judicial Member Chitra Hankare and Technical Member Dr V.G. Venkata Chalapathy rejected the insolvency petition filed by N.S. Company against Corporate Debtor Sadbhav Engineering Limited, holding that the claim was based on the MoU entered between the parties and not on any operational debt.

NCLT Ahmedabad Makes Neesa Leisure Resolution Plan Effective, Ends IBC Moratorium

Case Title : Amit Jain RP of Neesa Leisure Limited

Case Number : IA/896(AHM)2026 in CP(IB) 127 of 2017

CITATION : 2026 LLBiz NCLT (AHM) 787

The Ahmedabad bench of the National Company Law Tribunal (NCLT) has passed a consequential order approving the resolution plan for hospitality company Neesa Leisure Limited, which owns and operates hotels and resorts under the Cambay brand The tribunal ruled that the plan submitted by Express Resorts and Hotels Limited, already approved by the National Company Law Appellate Tribunal (NCLAT), would now take effect.

NCLT Delhi Dissolves Newgen Payment Gateway After Voluntary Liquidation

Case Title : NEWGEN PAYMENT GATEWAY PRIVATE LIMITED

Case Number : C.P. (IB)/780/ND/2024

CITATION : 2026 LLBiz NCLT(DEL) 785

The Delhi bench of the National Company Law Tribunal (NCLT) has ordered the dissolution of Newgen Payment Gateway Private Limited, a company that provided payment processing services for credit cards, debit cards and bill payments. The bench found that the company's voluntary liquidation had been completed and all liabilities had been settled. The order was passed by Judicial Member Justice Jyotsna Sharma and Technical Member Anu Jagmohan Singh.

NCLT Jaipur Clears ₹288.37 Crore Resolution Plan For Holiday Inn Jaipur City Centre Operator ACCIL

Case Title : Asset Reconstruction Company(India) Limited v. ACCIL Corporation Private Limited

Case Number : IA(IBC)(Plan) No. 06/JPR/2026

CITATION : 2026 LLBiz NCLT(JAI) 789

The National Company Law Tribunal at Jaipur has approved the ₹288.37 crore resolution plan submitted by Oriental Structural Engineers Private Limited (OSEPL) for ACCIL Corporation Private Limited, which owns and operates the five-star Holiday Inn Jaipur City Centre. The approved resolution plan has a total value of ₹288.37 crore and was unanimously approved by the Committee of Creditors. A coram of Judicial Member Reeta Kohli and Technical Member Kavita Bhatnagar passed the order.

NCLT Mumbai Rejects Electrical Panel Supplier's Insolvency Plea Against L&T

Case Title : GS INDUSTRIES vs LARSEN & TOUBRO LIMITED

Case Number : CP (IB) No. 3783/MB/2019

CITATION : 2026 LLBiz NCLT (MUM) 790

On August 4, the Mumbai Bench of the National Company Law Tribunal dismissed a Section 9 insolvency application filed by GS Industries against Larsen & Toubro Ltd. (L&T). The tribunal said that the dispute between the parties regarding the quality of electrical panels supplied constituted a pre-existing dispute, thereby barring initiation of the corporate insolvency resolution process (CIRP).

Fraud Proceedings Under IBC Cannot Be Turned Into 'Battlefield' For Private Disputes: NCLT Kochi

Case Title : Mohan Kumar and Anr v. K Parameswaran Nair and Ors

Case Number : IA(IBC)/35/KOB/2025

CITATION : 2026 LLBiz NCLT(KOC) 794

The National Company Law Tribunal (NCLT) at Kochi has recently observed that fraud proceedings under the Insolvency and Bankruptcy Code cannot be turned into a “battlefield” for settling private disputes or creating fresh controversies to prolong adjudication under the Code. The observation came in a case concerning Section 66 of the Insolvency and Bankruptcy Code, which deals with fraudulent trading and transactions, where Resolution Professional K. Parameswaran Nair had alleged fraudulent trading and transactions by Samson and Sons Builders and Developers Private Limited.

NCLT Ahemdabad Rejects Jindal SMI's Insolvency Plea Against Astron Packaging As Principal Dues Paid

Case Title : Jindal SMI Coated Products Limited Vs Astron Packaging Limited

Case Number : C.P. (IB)/168(AHM)2024

CITATION : 2026 LLBiz NCLT (AHM) 797

The Ahmedabad bench of the National Company Law Tribunal (NCLT) has rejected an insolvency petition filed by Jindal SMI Coated Products Limited against Astron Packaging Limited, finding that Astron had paid ₹3.23 crore against principal dues of ₹2.97 crore. The court further observed that the amount remaining after treating the payment towards principal was below the statutory threshold under the Insolvency and Bankruptcy Code (IBC).

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