Grounds Already Considered Cannot Be Re-Agitated In Subsequent Recall Application: NCLT Guwahati

The National Company Law Tribunal (NCLT), Guwahati Bench, has held that grounds already considered while deciding an earlier recall application cannot be re-agitated in a subsequent application seeking recall of that order.The company had earlier filed a recall application, which was dismissed by the tribunal on August 10The tribunal observed, “The grounds urged in the present Application have already been considered and dealt with by this Tribunal in its Order dated 10.08.2026 passed in...

Personal Guarantor Not Discharged Where Original Guarantee Expressly Covered Restructuring: NCLT Delhi

The National Company Law Tribunal (NCLT) at Delhi has held that a personal guarantor is not discharged from liability merely because she did not sign subsequent renewal or restructuring documents, where the original guarantee expressly provides that such variations will not release her from the guarantee.The court found that the guarantee executed by Raj Kumari Garg was continuing and irrevocable and expressly contemplated variations in the facilities without discharging the guarantor. It also...

DEL Status Cannot Continue For Pre-CIRP Defaults After IBC Resolution Plan: Delhi High Court

The Delhi High Court has held that continuing a company's Denied Entry List (DEL) status to enforce export obligations arising before the commencement of its insolvency proceedings would violate the “clean slate” principle under the Insolvency and Bankruptcy Code (IBC). This would apply where the monetary liabilities arising from those defaults have been settled under an approved resolution planJustice Amit Mahajan made the observation while allowing a petition filed by Waaree Transpower...

Raising Interim Finance to Discharge Estate Dues Falls Within CoC's Commercial Wisdom: NCLT Chandigarh

The Chandigarh bench of the National Company Law Tribunal (NCLT) has held that the decision to raise interim finance for discharging disputed Estate Office dues falls within the commercial wisdom of the Committee of Creditors (CoC). The bench of Judicial Member Khetrabasi Biswal and Technical Member Shishir Agarwal observed,“The decision to discharge the Estate Office dues under protest through interim finance provided by the SRA, while simultaneously contesting the disputed components before...

NCLT Ahmedabad Rejects Movemate's Insolvency Plea Against OYO Over Disputed Logistics Dues

On 29 September the Ahmedabad Bench of the National Company Law Tribunal (NCLT) comprising Judicial Member Chitra Hankare and Technical Member Dr VG Venkata Chalapathy rejected an insolvency petition filed by Movemate Logistics Private Limited against OYO Hotels Private Limited over alleged unpaid dues for warehousing, logistics and allied services. Movemate Logistics, registered under the Companies Act, 2013 and the MSME Act, 2006, provided warehousing, logistics, transportation and allied...

NCLT Delhi Rejects Cine Corp Filmdom's Resolution Plan For Stargaze Entertainment, Orders Liquidation

The National Company Law Tribunal (NCLT), Delhi, has ordered liquidation of Stargaze Entertainment Pvt. Ltd., a cinema exhibition company, after rejecting a resolution plan. The Tribunal held that the Corporate Insolvency Resolution Process (CIRP) was itself vitiated because the Resolution Professional failed to take control of the company's assets.The bench of Judicial Member Ashok Kumar Bhardwaj and Technical Member Atul Chaturvedi observed,“We also fail to appreciate that how without taking...

Denying Director Access To Records, Forcing Undervalued Sale Of Shares Is Oppression: NCLT Kolkata

The National Company Law Tribunal (NCLT), Kolkata, has held that denying a director and shareholder access to a company's financial records, forcing her to part with her shares at an undervalued price and withholding her remuneration amounted to oppression under Section 241 of the Companies Act, 2013. A Bench comprising Judicial Member Bidisha Banerjee and Technical Member Rekha Kantilal Shah held that the conduct of Nex Fitzap Private Limited towards Nivedita Tiwari, a director and 10%...

Valuable Contractual Rights Can Justify Restoration Of Struck-Off Company: NCLT Mumbai

The National Company Law Tribunal (NCLT), Mumbai, on 11 September held that the existence of valuable property and subsisting contractual rights can constitute “just” ground for restoring a company struck off from the register under Section 252(3) of the Companies Act, 2013. A Bench comprising Technical Member Hariharan Neelakanta Iyer and Judicial Member Lakshmi Gurung directed the Registrar of Companies (RoC), Mumbai to restore MDED Estates Private Limited to “Active” status, subject to...

LiveLawBiz IBC Weekly Digest: September 28 - October 3, 2026

SUPREME COURTCan NCLT Allow Withdrawal Of CoC-Approved Resolution Plan? Supreme Court Reserves VerdictCase Title : BANK OF INDIA VS. S.M KAMAL PASHA Case Number : DIARY NO. - 37619/2026The Supreme Court on Wednesday reserved its judgment on whether the National Company Law Tribunal can permit withdrawal of an application seeking approval of a resolution plan after the Committee of Creditors has approved the plan and submitted it to the Adjudicating Authority A Bench of Justices J.B. Pardiwala...

Supertech North Eye Homebuyers Move NCLAT Against NBCC Over Delay In 16 Projects

Supertech North Eye homebuyers have moved the National Company Law Appellate Tribunal (NCLAT), alleging that NBCC has not complied with timelines fixed by the tribunal for awarding construction works and commencing work on 16 stalled Supertech projects.The application has been filed by North Eye homebuyer Priyanka Srivastava and the Supertech Group Buyers Association North Eye Association.Homebuyers allege that there has been no material progress in execution of the 16 projects and that there is...

LiveLawBiz IBC Quarterly Digest: July - September, 2026

SUPREME COURT Supreme Court Likens AI Hallucinations To Gas Behind Bhopal Gas Tragedy, Sets Aside CIRP Orders Over Fake Case Law Case Title : POOJA RAMESH SINGH Versus JAMMU AND KASHMIR BANK LTD AND ANR. Case Number : C.A. No. 11950/2025Comparing fake AI-generated legal material to the release of methyl isocyanate (the gas behind the Bhopal gas tragedy), the Supreme Court on Thursday warned that artificial intelligence could become "invisible, insidious, catastrophic" if used without...

Pending Suit Against Company Under Liquidation Requires NCLT Leave To Proceed: Patna High Court

The Patna High Court has held that a pending commercial suit involving a company under liquidation cannot proceed without leave of the National Company Law Tribunal (NCLT)."once a winding up order is passed, no suit or other legal proceedings shall be commenced or if pending at the date of the winding up order, shall be proceeded with, by or against the company except with the leave of the Tribunal and subject to such terms that the Tribunal may impose,” a Bench of Justices Rajeev Ranjan Prasad...