Financial Creditor Cannot Refuse To Share CIRP Cost After Taking Part In Its Approval: NCLT Delhi

The National Company Law Tribunal (NCLT) at New Delhi has ruled that a financial creditor cannot refuse to pay its share of insolvency costs after participating in Committee of Creditors (CoC) meetings where those costs were placed before members and approved. A bench of Judicial Member Manni Sankariah Shanmuga Sundaram and Technical Member Atul Chaturvedi directed CFM Asset Reconstruction Pvt. Ltd. to immediately pay Rs 14.85 lakh towards Corporate Insolvency Resolution Process (CIRP) costs in...

Claim Filed In Borrower Insolvency Not A Demand On Personal Guarantor, Cannot Trigger Insolvency: NCLT Kolkata

The National Company Law Tribunal (NCLT) at Kolkata has recently held that merely filing a claim in the borrower's insolvency proceedings cannot be treated as a demand on the personal guarantor, reiterating that a guarantee must be formally invoked in accordance with its terms before insolvency proceedings can be initiated against a guarantor. On this reasoning, the tribunal dismissed UCO Bank's application seeking insolvency proceedings against the personal guarantor of Swarnganga Gold...

NCLT Ahmedabad Clears First Stage Of Adani Harbour–Adani Ports Merger

The National Company Law Tribunal (NCLT) at Ahmedabad on Tuesday cleared the first stage of the proposed merger between Adani Harbour Services Limited and its holding company Adani Ports and Special Economic Zone Limited, allowing the companies to move forward with the amalgamation process while dispensing with meetings of shareholders and creditors. A coram comprising Judicial Member Chitra Hankare and Technical Member Dr Velamur G Venkata Chalapathy observed that the proposed scheme of...

NCLT Mumbai Admits Tata Capital's Insolvency Plea Against Dharan Infra Over ₹28 Crore Default

The National Company Law Tribunal (NCLT) at Mumbai has admitted an insolvency application filed by Tata Capital Housing Finance Ltd against Dharan Infra EPC Ltd, a real estate and infrastructure company, holding that the lender had established debt and default exceeding Rs 28 crore and initiating the corporate insolvency resolution process. The bench of Judicial Member Nilesh Sharma and Technical Member Sameer Kakar observed, “We are, therefore, of the considered view that the present...

Appellate Jurisdiction Confined To Orders Determining Rights Of Parties, Not Procedural Directions: NCLAT

The National Company Law Appellate Tribunal (NCLAT) at Chennai on Tuesday held that appellate jurisdiction under the Insolvency and Bankruptcy Code is confined to examining orders of the National Company Law Tribunal (NCLT) that adjudicate or determine the rights of parties, and does not extend to purely procedural or interlocutory directions such as issuance of notice. The Bench of Judicial Member Justice Sharad Kumar Sharma and Technical Member Jatindranath Swain, while dismissing the appeal...

NCLT Mumbai Dismisses Housekeeping Services Firm's Insolvency Plea Against RCom Arm Reliance Realty

The National Company Law Tribunal (NCLT) at Mumbai has dismissed an insolvency petition filed by A2Z Infraservices Ltd against Reliance Realty Ltd, a subsidiary of debt-ridden Reliance Communications Ltd, holding that the bills relied upon by the operational creditor had not become payable under the contract and therefore could not establish any default. The tribunal found that the work orders between the parties made certification of invoices by a designated officer of Reliance Realty...

Corporate Guarantee Need Not Be Invoked To File Claim In Guarantor's CIRP: NCLAT

The National Company Law Appellate Tribunal (NCLAT) at Delhi has held that a financial creditor can maintain its claim in the Corporate Insolvency Resolution Process (CIRP) of a corporate debtor that had stood as a guarantor for another company, even if the corporate guarantee was never invoked. It further held that invocation of a corporate guarantee is relevant only for initiating CIRP against a guarantor, not for admission or maintenance of a claim in an already ongoing CIRP.The bench...

Company Must Approach ROC First Before Coming To NCLT For Rectification Of Register of Members: NCLT Kochi

The National Company Law Tribunal (NCLT) at Kochi, has held that a company cannot bypass the Registrar of Companies (ROC) and directly approach the tribunal to correct its shareholding records under the Companies Act, 2013, ruling that such attempts undermine statutory disclosures and penal provisions. Dismissing an appeal filed by Nuventure Connect Private Limited, the coram of Judicial Member Vinay Goel observed, "The aggrieved person or a shareholder would be able to file an appeal against...

Excluding Liquidation Time After Extension On Same Grounds Amounts To Review: NCLT Ahmedabad

The National Company Law Tribunal (NCLT) at Ahmedabad has rejected a liquidator's request to exclude the first year of liquidation of Nakoda Limited from the statutory timeline, holding that once additional time is granted for delays, the same period cannot later be wiped out altogether. In an order dealing with a plea to modify its earlier decision granting a one-year extension of Nakoda Limited's liquidation period, a division bench of Judicial Member Shammi Khan and Technical Member Sanjeev...

Kerala High Court Revives Two KELTRON Subsidiaries After Two Decades, Recalls Winding Up Orders

The Kerala High Court has recalled its winding up orders against two subsidiaries of Kerala State Electronics Development Corporation Ltd (KELTRON), allowing the revival of Keltron Power Devices Ltd (KPDL) and Keltron Rectifiers Ltd (KRL). The court noted that there was no legal or procedural bar to reopening the companies in view of changed circumstances and fresh government approval. KELTRON is a state-owned electronics major engaged in IT hardware and software. Its group companies also...

LiveLawBiz: Business Law Daily Round-Up: December 16, 2025

TAX Centre Projects ₹47,700 Crore Revenue Loss Amid GST Rate-RationalisationCustoms Act | Penalty U/S 112 Cannot be Imposed Solely On Co-Accused's Statement Without Corroborative Evidence: CESTAT KolkataDelhi High Court Directs To Re-Assess Bills Of Entry, Allows Infra Cess Exemption On E-Golf Carts Owing To Technical GlitchDelhi High Court Upholds GST Adjudication Despite SCN Being Signed By One Officer & Reflected On Portal Under Another Officer's NameIncome Tax | ITAT Mumbai Allows...

Sales Tax Dues Must Be Treated as Secured Claims Under IBC: NCLT Ahmedabad Reaffirms

The National Company Law Tribunal (NCLT), Ahmedabad Bench, has recently reiterated that tax dues backed by a statutory charge must be treated as secured claims under the Insolvency and Bankruptcy Code. It directed the resolution professional of Amul Industries Pvt. Ltd. to treat the Rs 6.64 crore Central Sales Tax (CST) claim of the Gujarat State Tax Officer as a secured debt. The tribunal held that the resolution professional was wrong in classifying the sales tax dues as unsecured despite the...