IBC
LiveLawBiz IBC Weekly Digest: September 14 - September 20, 2026
SUPREME COURTNCLAT E-Filing Glitch Caused One-Day Delay: Supreme Court Sets Aside Order Dismissing IBC Appeal As Time-BarredCase Title : REGIONAL PROVIDENT FUND COMMISSIONER-II vs. MS. MAMTA BINANI & ORS.Case Number : DIARY NO.42931 OF 2026CITATION : 2026 LLBiz SC 309The Supreme court has held that a litigant cannot be made to suffer when a court or tribunal's e-filing system prevents papers from being filed despite a bona fide attempt within the prescribed limitation period. “When the...
Personal Guarantors Cannot Re-agitate Limited Liability After DRT Crystallises Liability For Entire Debt: NCLAT
The National Company Law Appellate Tribunal (NCLAT) has ruled that personal guarantors of an insolvent company cannot re-agitate the extent of their liability under a Deed of Guarantee after the Debt Recovery Tribunal (DRT) has already adjudicated the issue and its order has attained finality.“In any case the liability of the Appellants had already been adjudicated by the Ld. DRT vide order dated 03.08.2021 in O.A. No. 83/2017 for Rs 1,49,26,12,243/-, wherein the validity of the Deed of...
NCLAT Orders ₹54 Crore Refund To JFC Finance After It Is Outbid In Moser Baer Solar Auction
The National Company Law Appellate Tribunal (NCLAT), New Delhi, has rejected a plea by the Liquidator of Moser Baer Solar Ltd. seeking to keep JFC Finance (India) Ltd.'s ₹54 crore deposit until the highest bidder in a fresh auction pays the entire sale consideration.A bench of Officiating Chairperson Justice Yogesh Khanna and Technical Member Barun Mitra held that JFC's deposit had to be returned once another bidder surpassed its bid, as specifically directed in the court's earlier order.“The...
Liquidation Pendency Cannot Confer Jurisdiction Over Property Outside Liquidation Estate: NCLT Delhi
The Delhi Bench of the National Company Law Tribunal (NCLT) on 3 September held that the mere pendency of liquidation proceedings does not confer jurisdiction on the Adjudicating Authority to determine an independent dispute over possession of immovable property that does not form part of the liquidation estate. A Bench comprising President Justice Anupinder Singh Grewal and Technical Member Ravindra Chaturvedi dismissed an application filed by Vikas Chopra, who sought possession of an...
Conversion of IBC Appeal Into Companies Act Appeal Does Not Save Limitation: NCLAT
The National Company Law Appellate Tribunal (NCLAT) at Delhi has recently held that an appeal filed under the insolvency law does not provide continuity for limitation when it is transformed into an appeal under the company law.The tribunal was dealing with an appeal initially filed under Section 61 of the Insolvency and Bankruptcy Code (IBC), which provides for appeals against orders in insolvency proceedings. The appellant later sought to convert it into an appeal under Section 421 of the...
NCLAT Delhi Says Counsel's Personal Difficulties Cannot Explain Appellant's 202-Day Refiling Delay
On 18 September, the National Company Law Appellate Tribunal (NCLAT) at New Delhi held that an appellant cannot rely on the personal difficulties of his counsel to explain his own failure to rectify Registry defects and seek condonation of a 202-day delay in refiling an appeal. A Bench of Judicial Member Justice Sharad Kumar Sharma with Technical Members Arun Baroka and Indevar Pandey dismissed an appeal filed by Rajendra Devidas Puranik against the Mumbai Bench of the National Company Law...
Supreme Court Issues Notice On Plea Against NCLAT Ruling That Suspended IPs Can't Act In Other CIRPss
The Supreme Court on Monday issued notice on a plea filed by insolvency professional Anshul Gupta challenging the National Company Law Appellate Tribunal's (NCLAT) order holding that an insolvency professional whose registration is suspended cannot continue to act in other ongoing insolvency proceedings. A Bench of Justices Manoj Misra and Vijay Bishnoi, however, did not stay the NCLAT order and directed the appellate tribunal to decide Gupta's appeal in the meantime. "Issue notice, returnable...
CLB Order Does Not Become Unenforceable Merely Because Forum Ceased To Exist: NCLT Guwahati
The National Company Law Tribunal (NCLT), Guwahati, on 16 September held that the abolition of the erstwhile Company Law Board (CLB) does not render a final order passed by the CLB incapable of enforcement. A Bench comprising Judicial Member Rammurti Kushawaha and Technical Member Yogendra Kumar Singh rejected the objection to execution of a final CLB order and directed Prag Bosimi Synthetics to take necessary steps to give effect to the order in favour of 3A Capital Services within four weeks....
NCLT Guwahati Says Unaccepted OTS Can't Stall Liquidation Sale, Dismisses ₹16.23 Cr. E-Auction Challenge
The National Company Law Tribunal (NCLT), Guwahati, on 10 September held that an unaccepted One-Time Settlement (OTS) proposal made before liquidation cannot be enforced as a matter of right to stop subsequent liquidation proceedings. A Bench comprising Judicial Member Rammurti Kushawaha and Technical Member Yogendra Kumar Singh dismissed an application challenging the liquidation sale of Shree Sai Prakash Alloys Pvt. Ltd. and seeking cancellation of the e-auction and the Sale Certificate...
Tax Authorities Cannot Recover Pre-CIRP Dues Extinguished Under Resolution Plan: Bombay High Court
The Bombay High Court on 7 September held that tax authorities cannot continue recovery proceedings for pre-CIRP dues extinguished under an NCLT-approved Resolution Plan. A Division Bench of Justices M.S. Karnik and Sandesh D. Patil allowed a writ petition filed by Aarem Insights Pvt. Ltd., formerly known as Shop CJ Network Pvt. Ltd., and directed the State tax authorities to refund the statutory pre-deposit of Rs. 31,99,174 made by the company for pursuing its MVAT appeal, along with...
Byju's Insolvency: Supreme Court Reserves Verdict On CoC's Impleadment In Plea To Remove GLAS Trust From It
The Supreme Court on Monday reserved its verdict on a challenge by the Committee of Creditors (CoC) against its exclusion from proceedings concerning a plea to remove GLAS Trust Company LLC from the CoC of Think & Learn Pvt. Ltd. The challenge arises from the NCLAT's February 24, 2026, order concerning the CoC's impleadment in the proceedings initiated by former Byju's director Riju Ravindran.The NCLAT held that while a CoC is not a juristic person like a company or statutory corporation,...
Successor RP Cannot Revisit Earlier Avoidance Transaction Determination After Failed Resolution Plan: NCLT Mumbai
The National Company Law Tribunal (NCLT) at Mumbai has ruled that a Resolution Professional appointed after a failed resolution plan cannot reopen an earlier RP's concluded determination on avoidance or fraudulent transactions. The successor RP can place additional evidence to support the earlier determination, but cannot review or revisit it. “Accordingly, we are of considered view that IA 4677 of 2025 is not maintainable and cannot be adjudicated by this Tribunal in view of erstwhile RP...