Delhi High Court Issues Notice On Plea Challenging 'Present and Voting' Framework Under IBC

The Delhi High Court recently issued notice in a writ petition filed by homebuyers of the Supertech Township project challenging the “present and voting” principle used to determine voting outcomes of homebuyers in the committee of creditors under the Insolvency and Bankruptcy Code.A bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia directed the respondents, the Union of India through the Ministry of Corporate Affairs, the Insolvency and Bankruptcy Board of India, interim...

IBC Moratorium Can't Revive Missed Written Statement Deadline: Delhi High Court

The Delhi High Court has recently held that filing an application under Order VII Rule 11 of the Code of Civil Procedure, which allows a defendant to seek rejection of a plaint at the threshold on legal grounds, cannot revive the statutory period for filing a written statement once it has expired. The court clarified that this position would apply even in a case where the defendant had invoked insolvency proceedings under the Insolvency and Bankruptcy Code. A bench of Justice Mini Pushkarna...

After CIRP Begins, IRP Represents Corporate Debtor; Bombay HC Dismisses Suspended Director's Writ Over NCLT Order

The Bombay High Court on Thursday dismissed writ petitions filed by a suspended director of Gokul Sugar Industries Ltd and a financial creditor challenging an order of the National Company Law Tribunal refusing withdrawal of insolvency proceedings. The court held that after commencement of the corporate insolvency resolution process, the corporate debtor is represented by the interim resolution professional and not by the suspended management. The court held that no violation of principles of...

Moratorium Doesn't Extinguish The Criminal Liability In Terms Of 32A When The Plan Is Not Approved.

The Delhi High Court on 17 March 2026 held that Section 14 of the Insolvency and Bankruptcy Code, 2016 (IBC) only creates a temporary moratorium and does not extinguish criminal liability. Protection under Section 32A is available only after the approval of a resolution plan that brings about a qualifying change in management. The Bench of Justice Chandrasekharan Sudha dismissed the plea of JAS Infrastructure and Power Ltd. seeking suspension of sentence in a coal block allocation case. The...

Bombay High Court Flags Misuse Of IBC By Borrowers To Stall SARFAESI Recovery After Auction Sale

The Bombay High Court on Wednesday flagged a disturbing trend of defaulting borrowers invoking provisions of the Insolvency and Bankruptcy Code to frustrate proceedings under the SARFAESI Act, even after auction rights had crystallised in favour of auction purchasers. A Division Bench of Justices Manish Pitale and Shreeram V. Shirsat was hearing a writ petition filed by auction purchasers challenging a November 26, 2025 order of the Debts Recovery Tribunal-I, Mumbai, which had halted further...

IBC Moratorium Does Not Bar MPID Attachment Proceedings In NSEL Scam: Bombay High Court

The Bombay High Court recently held that the interim moratorium under the Insolvency and Bankruptcy Code cannot bar attachment proceedings initiated under the Maharashtra Protection of Interest of Depositors (MPID) Act in connection with the National Spot Exchange Limited (NSEL) payment crisis. A Division Bench of Justice A.S. Gadkari and Justice Shyam C. Chandak dismissed an appeal filed by Dulisons Cereals, a proprietorship firm through its proprietor Kanta Gupta, challenging an order of the...

Kerala High Court Sets Aside Rent Control Appellate Authority Order For Proceeding During IBC Moratorium

The Kerala High Court on Tuesday set aside an order of the Rent Control Appellate Authority after finding that an appeal against a corporate debtor had been taken up despite a moratorium being in force under the Insolvency and Bankruptcy Code. A bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M. observed, “Under Section 14(1), it is clearly stated that once a moratorium is declared, there cannot be an institution of suits or continuation of pending suits or proceedings against the...

Single Judicial Member Of NCLT Can Pass Orders If Authorised By President: Kerala High Court

The Kerala High Court on 18 February, held that a Single Member of the National Company Law Tribunal (NCLT) can pass orders if the President of the Tribunal specifically authorises them under the proviso to Section 419(3) of the Companies Act, 2013. A Bench of Justice Viju Abraham dismissed a writ petition challenging orders passed by a Single Judicial Member of the NCLT, Kochi Bench, upholding the validity of the directions. The Court observed: “It is also to be noted that though Section 419...

'Ruse To Exploit Mill Land': Bombay High Court Rejects Plea To Revive Swadeshi Mills

The Bombay High Court on Monday dismissed an application filed by Grand View Estates Pvt Ltd seeking a stay of winding up proceedings and revival of Swadeshi Mills Company Ltd, holding that the proposal was not a genuine attempt to revive the textile company but an effort to exploit its valuable mill land for real estate development. A single-judge bench of Justice Sharmila U. Deshmukh observed that the revival plan was “nothing but a ruse to obtain the valuable land for exploitation in real...

Municipal Dues Cannot Be Recovered From Auction Purchaser After IBC Liquidation: Calcutta High Court

The Calcutta High Court has held that once liquidation proceedings commence under the Insolvency and Bankruptcy Code, municipal dues must be dealt with strictly within the framework of the Code and cannot be enforced independently against auction purchasers through contractual clauses such as “as is where is” or “whatever there is." Such clauses generally mean that a buyer takes the property in its existing physical and legal condition, along with all visible defects, risks, and liabilities...

Once Arbitral Award Holder Files CIRP Claim, Execution Under Arbitration Law Not Maintainable: Delhi High Court

The Delhi High Court has recently observed that once a decree holder lodges its claim arising out of an arbitral award before the resolution professional during the corporate insolvency resolution process (CIRP), it cannot pursue parallel execution proceedings under the Arbitration and Conciliation Act.A single bench of Justice Harish Vaidyanathan Shankar delivered the ruling in a petition filed by Paharpur Cooling Towers Ltd, seeking enforcement of an arbitral award dated November 12, 2021...

'Not Unknown to Law': Telangana High Court Upholds Reserve Price Reduction After Repeated Failed SARFAESI Auctions

The Telangana High Court has recently upheld the phased reduction of the reserve price fixed for the auction sale of a mortgaged immovable property under the SARFAESI Act and dismissed writ petitions filed by the borrower. A Division Bench of Justice Moushumi Bhattacharya and Justice Gadi Praveen Kumar affirmed the order of the Debts Recovery Appellate Tribunal and observed that “the process of marking down of the Reserve Price is not unknown to law.” The Bench examined Rule 8(5) of the...