NCLT Indore Allows AU Small Finance Bank To Intervene In Aviral Bio Tech CIRP Over Pending Vehicle Loan

The Indore bench of the National Company Law Tribunal has allowed AU Small Finance Bank Limited to join the insolvency proceedings against Aviral Bio Tech & Fertilisers Pvt. Ltd. Holding that the bank, which had extended a vehicle loan to the company, qualifies as a financial creditor, the Tribunal said its objections deserved consideration. “It is not in dispute that the Applicant has extended financial assistance to the Corporate Applicant by way of a vehicle loan, thereby qualifying as...

NCLT Ahmedabad Disposes Gensol's Insolvency Case Against Mindra EV After ₹1.5 Crore Settlement

The National Company Law Tribunal (NCLT) at Ahmedabad has recently disposed of as infructuous insolvency proceedings initiated by Gensol EV Lease Limited against Mindra EV Private Limited after the parties entered into a settlement agreement. A coram of Judicial Member Shammi Khan and Technical Member Sanjeev Sharma passed the order. Gensol had filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 seeking initiation of Corporate Insolvency Resolution Process against...

IBC Individual Insolvency Process Applies To Personal Guarantors, Not Co-Borrowers: NCLT Jaipur

The National Company Law Tribunal (NCLT) at Jaipur has dismissed an insolvency plea after holding that the individual insolvency framework under the Insolvency and Bankruptcy Code applies only to personal guarantors of corporate debtors and not co-borrowers. “In view of the scheme of the Code, we are of the opinion that the legislature in its wisdom extended the application of individual insolvency process only to the Personal Guarantors to the Corporate Debtor,” the tribunal said. A bench of...

NCLT Mumbai Approves Mantra Properties' Rs 201 Crore Resolution Plan For Nirmal Lifestyle

The National Company Law Tribunal's Mumbai Bench has approved a resolution plan involving an infusion of Rs 201 crore by Mantra Properties and Developers Pvt Ltd for Nirmal Lifestyle (Mulund) Pvt Ltd, which has been undergoing corporate insolvency resolution proceedings since July 11, 2023. A Bench of Judicial Member Lakshmi Gurung and Technical Member Hariharan Neelakanta Iyer passed the order on April 29, 2026, allowing an application filed by Resolution Professional Amit Vijay Karia under...

MSME Protections Cannot Override IBC Once Debt And Default Are Established: NCLT Mumbai

The Mumbai Bench of the National Company Law Tribunal (NCLT) has admitted insolvency proceedings against Amar Seeds Private Limited, holding that its status as a Micro, Small and Medium Enterprise would not bar initiation of proceedings under the Insolvency and Bankruptcy Code once financial debt and default were established. The bench of Judicial Member Nilesh Sharma and Technical Member Sameer Kakar observed: “While the CD's MSME status is not in dispute, the reliefs under the MSMED Act and...

Supreme Court Dismisses Dhanlaxmi Bank Plea Against NCLAT Order Setting Aside CIRP Against Emerald Mineral Exim

The Supreme Court on Thursday dismissed an appeal filed by Dhanlaxmi Bank Ltd against an NCLAT order that had set aside insolvency proceedings against Emerald Mineral Exim Pvt Ltd. The court held that the dispute arising from a commercial property transaction was predominantly contractual in nature and not a straightforward financial debt-default case warranting initiation of CIRP under the Insolvency and Bankruptcy Code. A Bench of Justices Pamidighantam Sri Narasimha and Alok Aradhe refused...

SARFAESI, DRT Proceedings Do Not Bar IBC Action Against Personal Guarantor: NCLT Mumbai

The National Company Law Tribunal (NCLT) in Mumbai has recently held that proceedings under the SARFAESI Act and pending recovery proceedings before the Debt Recovery Tribunal do not bar insolvency proceedings against a personal guarantor to a corporate debtor under the Insolvency and Bankruptcy Code, 2016. A coram of Judicial Member Nilesh Sharma and Technical Member Sameer Kakar passed the ruling while admitting an insolvency application filed by Canara Bank against Shewta Deepak Patel,...

Former Director Liable To Refund Diverted Rental Income Received During CIRP: NCLT Mumbai

The Mumbai Bench of the National Company Law Tribunal (NCLT) on 29 April held that a former director who diverted rental income from properties of the corporate debtor during the Corporate Insolvency Resolution Process (CIRP) is liable to restore the amounts to the insolvency estate. Technical Member Prabhat Kumar and Judicial Member Sushil Mahadeorao Kochey allowed an application filed by the Resolution Professional in the CIRP of Barracks Retail India Pvt. Ltd., admitted on a Section 7...

NCLT Guwahati Holds No Straightjacket Definition For Fraudulent Trading Under Section 66 IBC

In a significant ruling on the scope of Section 66 of the Insolvency and Bankruptcy Code, 2016, the Guwahati National Company Law Tribunal (NCLT) on 30 April held that there is no exhaustive or straightjacket test to determine what constitutes fraudulent or wrongful trading.Judicial Member Justice Rammurti Kushawaha and Technical Member Yogendra Kumar Singh were hearing an application filed by the Resolution Professional of JSB Entrade Pvt. Ltd. against the suspended directors, promoter,...

NCLT Ahmedabad Admits Aphelion Finance's ₹6.72 Crore Section 7 Petition Against Osia Hyper Retail

The Ahmedabad Bench of the National Company Law Tribunal (NCLT) on 28 April admitted a Section 7 petition filed by Aphelion Finance Pvt. Ltd. against Osia Hyper Retail Ltd, thereby initiating the corporate insolvency resolution process (CIRP) and appointing Ritesh Prakash Adatiya as Interim Resolution Professional. Judicial Member Chitra Hankare and Technical Member Dr V.G. Venkata Chalapathy held that once financial debt and default are shown through sanction letters, credit facility...

NCLT Ahmedabad Admits Cotton Corporation Claim At Notional Value ₹1, Holds Contingent Claim Not Crystallised

The Ahmedabad Bench of the National Company Law Tribunal (NCLT) on 27 April held that a claim linked to pending proceedings and subject to a subsisting stay cannot be treated as a crystallised debt under the Insolvency and Bankruptcy Code, 2016, and may only be recognised at a notional value in the Corporate Insolvency Resolution Process (CIRP). Judicial Member Shammi Khan and Technical Member Sanjeev Sharma dismissed an interlocutory application filed under Section 60(5) of the Code, while...

Unusable Commercial Premises & Disruption Of Essential Services Constitute Pre-Existing Dispute: NCLAT Delhi

The Principle Bench of the National Company Law Appellate Tribunal (NCLAT) in New Delhi on 6 May 2026 held that disputes relating to unusable commercial premises, disruption of essential services, and failure to maintain operational infrastructure constitute a genuine pre-existing dispute sufficient to reject a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC). Judicial Member Justice Mohd. Faiz Alam Khan and Technical Member Naresh Salecha upheld the order of the...