Authorities Where Immovable Properties Are Located Duty-Bound To Enforce Other High Court Orders: Karnataka High Court

The Karnataka High Court has held that when a Constitutional Court issues directions concerning immovable properties situated in another State, authorities where such properties are located are duty-bound to implement them.Justice Sachin Shankar Magadum was hearing a petition filed by Kotak Mahindra Bank Limited, a secured creditor of Electrex (India) Limited, seeking implementation of directions issued by the Bombay High Court concerning certain sale transactions involving mortgaged properties...

Approved Resolution Plan Binding On Revenue, Stamp Authorities; Mutation Cannot Be Denied: MP High Court

The Madhya Pradesh High Court has held that an approved resolution plan under Section 31 of the Insolvency and Bankruptcy Code is binding on all authorities, including revenue and stamp authorities, and that refusal to carry out mutation in land records would be contrary to the statutory mandate.A single-judge Bench of Justice Sandeep N. Bhatt, while allowing an interim application, observed that the inaction of revenue authorities in mutating the petitioner's name despite an approved resolution...

Probate Of Will Of Undischarged Insolvent Not Barred Under Indian Succession Act: Bombay High Court

The Bombay High Court has recently held that probate of the Will of a person who died as an undischarged insolvent is not barred under the law and can be sought, even though the estate vests in the Official Assignee for distribution among creditors. “There is no embargo under the provisions of the Succession Act from seeking probate of the Will of an undischarged insolvent.” A single-judge bench of Justice Sharmila U. Deshmukh was dealing with a testamentary petition seeking probate of the...

Amounts Deposited Pursuant To Court Orders Remain Assets Of The Corporate Debtor: Bombay High Court

The Bombay High Court on 6 April held that amounts deposited in Court under judicial orders remain assets of the corporate debtor, even if they arise from encashment of a bank guarantee after the commencement of insolvency proceedings. A Division Bench of Justices Anil L. Pansare and Nivedita P. Mehta directed the release of the deposited amount to the Resolution Professional of Morarjee Textiles Ltd, rejecting the claim of D.C. Weaving Mills Pvt Ltd, which had sought withdrawal of the amount...

IBC Moratorium For Guarantors Won't Shield Borrower Without Pending CIRP: Bombay High Court

The Bombay High Court on Monday held that moratoriums under the Insolvency and Bankruptcy Code (IBC) in favour of guarantors cannot be used to block recovery proceedings against a principal borrower. The court allowed IL&FS Financial Services Ltd.'s Rs 203.66 crore suit to proceed against Serveall Constructions Pvt Ltd in a case involving HDIL promoters Rakesh Wadhawan and Sarang Wadhawan. “Therefore, the benefit of the interim moratorium under Section 96 in the IRP proceedings for the...

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...