LiveLawBiz IBC Weekly Digest: June 29 - July 5, 2026

Kirit Singhania

6 July 2026 3:45 PM IST

  • LiveLawBiz IBC Weekly Digest: June 29 - July 5, 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. 11950/2025

    Comparing 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 safeguards.

    The court set aside insolvency orders against Essel Infraprojects Ltd after finding that the National Company Law Tribunal and the National Company Law Appellate Tribunal had relied on non-existent, hallucinated case law.

    HIGH COURT

    Creditors Need Not Obtain Decree To File Claims Under Presidency Towns Insolvency Act: Bombay High Court

    Case Title : Uttamchand Devichand Shah AND The official assignee, High Court, Bombay.

    Case Number : OFFICIAL ASSIGNEE REPORT NO. 46 OF 2025 IN INSOLVENCY PETITION NO. 28 OF 2001

    CITATION : 2026 LLBiz HC (BOM) 369

    The Bombay High Court on Thursday held that a creditor does not need to obtain a decree before lodging a claim with the Official Assignee after a debtor is declared insolvent under the Presidency Towns Insolvency Act, 1909.

    Pending Civil Suits Cannot Be Dismissed Merely Because Insolvency Proceedings Begin Later: Calcutta High Court

    Case Title : Sri Vineet Mohan Gupta & Anr. Vs. Canara Bank & Ors.

    Case Number : AD-COM 2 OF 2026 With IA No.: CAN 1 of 2026

    CITATION : 2026 LLBiz HC (CAL) 166

    The Calcutta High Court has recently held that a civil suit filed before insolvency proceedings are initiated cannot be dismissed merely because proceedings under the Insolvency and Bankruptcy Code (IBC) begin later.

    NCLAT

    Jet Airways Workmen's PF, Gratuity Dues Must Be Paid, Fall Outside Liquidation Estate: NCLAT

    Case Title : State Bank of India and Ors Vs Manoj Kumar Das & Ors

    Case Number : Company Appeal (AT) (Insolvency) 419/2026 & 420/2026, 551/2026, 440/2026

    CITATION : 2026 LLBiz NCLAT 260

    The National Company Law Appellate Tribunal (NCLAT) at Delhi has held that provident fund, gratuity and pension dues owed to Jet Airways workmen must be paid as they fall outside the liquidation estate, even if no segregated funds existed on the liquidation commencement date.

    IBC Not 'Holy Ganges' To Wash Corporate Debtor's Criminality Under PMLA: NCLAT

    Case Title : Value Wise Consultancy Private Limited Vs The Deputy Director ED & Ors

    Case Number : Company Appeal (AT) (Insolvency) 1226/2022 & 1227/2022

    CITATION : 2026 LLBiz NCLAT 261

    The National Company Law Appellate Tribunal (NCLAT) at Delhi on Tuesday held that the moratorium under the Insolvency and Bankruptcy Code (IBC) does not prevent the Enforcement Directorate (ED) from attaching assets alleged to be proceeds of crime under the Prevention of Money Laundering Act (PMLA).

    Secured Creditor Can Claim Priority Only To Extent Of Available Security, Even If Debt Is Higher: NCLAT

    Case Title : Assets Care & Reconstruction Enterprise Limited Vs Viswanadha Sarma & Ors

    Case Number : Company Appeal (AT) (Insolvency) 949/2023, 1117/2023 & 1231/2023

    CITATION : 2026 LLBiz NCLAT 262

    No Artificial Procedural Obstacle Can Prevent Filing Of Additional Affidavit In CIRP Proceedings: NCLAT

    Case Title : VINOD ANAND Vs GOLDEN ROLLS PRIVATE LIMITED

    Case Number : Company Appeal (AT) (Insolvency) 1048/2026

    CITATION : 2026 LLBiz NCLAT 264

    The National Company Law Appellate Tribunal (NCLAT) at Delhi has recently held that a party cannot be prevented from filing an additional affidavit in proceedings that are yet to be decided on merits. It observed that such a restriction would create an "artificial procedural obstacle" and handicap a litigant in presenting its case.

    NCLAT Upholds Insolvency Against Butter, Ghee Maker Jhandewalas Foods

    Case Title : MR. RAAKESH B KULWAL, Vs PARAM DAIRY LIMITED

    Case Number : Company Appeal (AT) (Insolvency) 1013/2025

    CITATION : 2026 LLBiz NCLAT 265

    The National Company Law Appellate Tribunal (NCLAT) has recently upheld the initiation of corporate insolvency proceedings against butter and ghee manufacturer and trader Jhandewalas Foods Limited. It held that the company's defence of a pre-existing dispute over unpaid dues was not supported by credible evidence and could not prevent the insolvency process. A bench of Chairperson Justice Ashok Bhushan and Technical Member Barun Mitra observed, “In our considered view, we have no good grounds to disagree with the Adjudicating Authority that the alleged disputes claimed by the Corporate Debtor are feeble disputes not supported by credible evidence. In sum, no real pre-existing dispute is discernible.”

    NCLAT Quashes Insolvency Admission Against Vikram Solar As Debt Falls Below ₹1 Crore

    Case Title : Sameer Nagpal Suspended Director of Vikram Solar Ltd. Vs ISITVA Steel Pvt. Ltd. & Anr

    Case Number : Company Appeal (AT) (Insolvency) 1087/2026

    CITATION : 2026 LLBiz NCLAT 266

    On Monday, the National Company Law Appellate Tribunal (NCLAT) set aside the admission of a Section 9 insolvency petition against Vikram Solar after both sides admitted that the debt was below the ₹1 crore threshold prescribed under the Insolvency and Bankruptcy Code (IBC).

    Foreign Companies Need RBI Approval To Acquire Security Interest In Indian Immovable Property: NCLAT

    Case Title : Tropical Ventures Company Ltd. Vs INCAB Industries Ltd

    Case Number : Company Appeal (AT) (Insolvency) 662/2025, 16/2026 & 192/2026

    CITATION : 2026 LLBiz NCLAT 268

    The National Company Law Appellate Tribunal (NCLAT) at Delhi has held that a foreign company cannot acquire or be assigned a security interest over immovable property in India without the Reserve Bank of India's permission.

    NCLT Cannot Sit In Appeal Over Civil Court Consent Decree In Insolvency Proceedings: NCLAT

    Case Title : AKJ METALS PRIVATE LIMITED Vs BRIJESH SINGH BHADAURIYA & Ors

    Case Number : Company Appeal (AT) (Insolvency) 1606/2025 & 1607/2025

    CITATION : 2026 LLBiz NCLAT 269

    The National Company Law Appellate Tribunal (NCLAT) at Delhi has held that the National Company Law Tribunal (NCLT) cannot disregard or invalidate a consent decree passed by a competent civil court during insolvency proceedings.

    Resolution Professional's Report Is Recommendatory In Personal Guarantor Insolvency Cases: NCLAT

    Case Title : DR. BADRI PRASAD Vs TATA CAPITAL FINANCIAL SERVICES LIMITED & RAJESH RAMANI "

    Case Number : Company Appeal (AT) (Insolvency) 401/2024

    CITATION : 2026 LLBiz NCLAT 270

    The National Company Law Appellate Tribunal (NCLAT) in Chennai has held that a Resolution Professional's report in personal insolvency cases is only recommendatory and does not bind the adjudicating authority. It ruled that where debt, default, and the status of the personal guarantor are already established, the absence of such a report does not invalidate the proceedings.

    NCLAT Delhi Holds Fraudulent Account Transfer Not Financial Debt Under IBC, Dismisses Progfin's Appeal

    Case Title : PROGFIN PRIVATE LIMITED Vs GANESH BENZOPLAST LIMITED

    Case Number : Company Appeal (AT) (Insolvency) 1565/2025

    CITATION : 2026 LLBiz NCLAT 271

    The New Delhi Bench of the National Company Law Appellate Tribunal (NCLAT) on 30 June held that the mere disbursal of loan funds into a fraudulent bank account does not, by itself, create a binding financial debt under the Insolvency and Bankruptcy Code, 2016.

    Interim Stay Of CIRP Admission Does Not Extinguish Moratorium Unless Specifically Vacated: NCLAT

    Case Title : ABHISHEK SINGH Vs RAJARAM FOODS PRODUCTS INDIA LTD & MANPASAND BEVERAGES LTD

    Case Number : Company Appeal (AT) (Insolvency) 1883/2025 & 105/2026

    CITATION : 2026 LLBiz NCLAT 273

    The National Company Law Appellate Tribunal (NCLAT) in Delhi has recently held that an interim stay of an order admitting a company into the Corporate Insolvency Resolution Process (CIRP) does not extinguish the accompanying moratorium.

    Property Over Which Corporate Debtor Has No Subsisting Right Cannot Form Part Of Its CIRP: NCLAT

    Case Title : Calcutta Pinjrapole Society Vs Pratap Mukherjee & Ors

    Case Number : Company Appeal (AT) (Insolvency) 474/2026

    CITATION : 2026 LLBiz NCLAT 272

    The National Company Law Appellate Tribunal (NCLAT) at Delhi has recently held that a corporate debtor cannot include in its Corporate Insolvency Resolution Process (CIRP) an immovable property over which it has no subsisting legal right

    Debenture Trustee Can Initiate Insolvency Against Personal Guarantor Under IBC Section 95: NCLAT Delhi

    Case Title : GAURAV BHALLA Vs BEACON TRUSTEESHIP LIMITED

    Case Number : Company Appeal (AT) (Insolvency) 694/2026

    CITATION : 2026 LLBiz NCLAT 274

    The New Delhi Bench of the National Company Law Appellate Tribunal (NCLAT) on 30 June held that a debenture trustee, acting under a debenture trust deed and personal guarantee, can initiate insolvency proceedings against a personal guarantor under Section 95 of the Insolvency and Bankruptcy Code, 2016, and that clerical defects in guarantee documents do not defeat such proceedings where liability is otherwise established.

    NCLT

    NCLT Delhi Admits Insolvency Plea Against Talent Unlimited Online Services Over Rs 5.77 Crore Default

    Case Title : AXIS TRUSTEE SERVICES LIMITED Vs TALENT UNLIMITED ONLINE SERVICES PRIVATE LIMITED

    Case Number : C.P.(IB)–169(ND)/2026

    CITATION : 2026 LLBiz NCLT(DEL) 657

    The National Company Law Tribunal (NCLT) at New Delhi has admitted an insolvency plea over a default of about Rs 5.77 crore against Talent Unlimited Online Services Private Limited, known as the parent company of Bobble AI, on secured non-convertible debentures.Business & Corporate Law

    Step-Down Subsidiary Cannot Use 'Colourable Means' To Extract Holding Company Assets In Liquidation: NCLT Chennai

    Case Title : St John Lines PTE Limited v. R Venkatakrishnan

    Case Number : IA/13/IBC/2025 in CP(IB)/759/CHE/2018

    CITATION : 2026 LLBiz NCLT(CHE) 658

    A step-down subsidiary cannot use indirect or colourable means to extract assets or establish parallel claims against its holding company undergoing liquidation, the National Company Law Tribunal, Chennai, held.

    NCLT Allahabad Says It Cannot Determine Unadjudicated MSMED Interest Claims During CIRP

    Case Title : MODERN OVERSEAS PRIVATE LIMITED Vs PARAMJEET SINGH BHATIA & Ors

    Case Number : IA No.722/2025 IN CP (IB) No.04/ALD/2019

    CITATION : 2026 LLBiz NCLT (ALL) 660

    The Allahabad Bench of the National Company Law Tribunal (NCLT) has recently held that it cannot determine an unadjudicated claim for interest under the Micro, Small, and Medium Enterprises Development (MSMED) Act during the corporate insolvency resolution process if the interest liability had not been adjudicated by a competent forum before the insolvency proceedings commenced.

    NCLT Chandigarh Holds Marketing MoU Cannot Confer Homebuyer Status, Rejects ₹11 Crore Claim

    Case Title : RealPro Assets Ltd Vs Rahul Jindal

    Case Number : I.A.(I.B.C) No.891 of 2025 in CP (IB) No. 98/Chd/Hry/2022

    CITATION : 2026 LLBiz NCLT(CHA) 659

    The Chandigarh Bench of the National Company Law Tribunal (NCLT) on 11 June held that a marketing and sales facilitation agreement does not confer the status of a homebuyer or financial creditor in the absence of documents evidencing allotment of flats.

    NCLT Chandigarh Rejects Samar Estates Homebuyers' Claim After They Admit Payment To Directors' Accounts

    Case Title : Keshab Chand Gupta & Ors Vs Rahul Jindal & Ors

    Case Number : I.A.(I.B.C)/585(CH)/2025 in CP (IB) No. 98/Chd/Hry/2022

    CITATION : 2026 LLBiz NCLT(CHA) 661

    The Chandigarh Bench of the National Company Law Tribunal (NCLT) has dismissed an application filed by three homebuyers seeking recognition as financial creditors of Samar Estates Pvt. Ltd. The tribunal held that the applicants failed to establish that the disputed Rs 60 lakh had been disbursed to the corporate debtor. It noted that the applicants themselves admitted the money had been paid into the personal accounts of the company's directors.

    NCLT Cuttack Calls RPs Alteration Of Creditors Claim 'Gross Dereliction' Approves Goyal Energy Resolution Plan

    Case Title : Punjab National Bank vs. Goyal Energy and Steel Limited

    Case Number : IA (IB) (Plan) No. l/CB/2026 in CP (IB) No. 41/CB/2o23

    CITATION : 2026 LLBiz NCLT (CUT) 663

    The National Company Law Tribunal (NCLT) at Cuttack has recently approved a resolution plan worth ₹79 crore for Goyal Energy and Steel Limited, submitted by Mumbai-based Nakshatra Asset Ventures Ltd.

    NCLT Ahmedabad Holds Sales Incentive Property Promise Not Operational Debt Under IBC, Dismisses S.9 Plea

    Case Title : Green Consultancy Vs Jhaveri Spices Private Limited

    Case Number : C.P.(IB)/122(AHM)2026

    CITATION : 2026 LLBiz NCLT (AHM) 664

    The Ahmedabad Bench of the National Company Law Tribunal (NCLT) on 23 June 2026 dismissed an insolvency petition filed by Green Consultancy against Jhaveri Spices Pvt. Ltd., holding that a claim arising from a sales incentive scheme promising transfer of immovable property does not qualify as “operational debt” under the Insolvency and Bankruptcy Code, 2016 (IBC), and therefore cannot sustain proceedings under Section 9.

    Mere Allegations Of Fraud Cannot Become A Vehicle To Reopen Every Concluded CIRP: NCLT Bengaluru

    Case Title : Smt. Yogitha Vijayakumar v. Mrs Shirley Mathew

    Case Number : IA No. 857 of 2025 in CP(IB) No. 02/BB/2020

    CITATION : 2026 LLBiz NCLT(BEN) 665

    The National Company Law Tribunal at Bengaluru has reiterated that mere allegations of fraud cannot be permitted to become a vehicle for reopening every concluded Corporate Insolvency Resolution Process, especially when such allegations are founded on materials that were already available during the insolvency proceedings.

    'Floodgates' Would Open: NCLT Bengaluru Rejects Third-Party Homebuyers' Bid To Intervene Before CIRP Admission

    Case Title : M.P Krishnan v. M/s Frontier Shelters Pvt Ltd

    Case Number : IA(IBC) 159/2026 in CP(IB) No. 170/BB/2025

    CITATION : 2026 LLBiz NCLT(BEN) 666

    The National Company Law Tribunal (NCLT) at Bengaluru has recently held that allowing a group of homebuyers to intervene in a developer's insolvency petition at the pre-admission stage would "amount to opening the floodgates" for objections on extraneous considerations

    NCLT Chandigarh Rejects Recasting Of Claims Based On Pre-CIRP Refunds, Upholds RP Methodology

    Case Title : Ashok Gupta & Ors. v. Rahul Jindal, Resolution Professional, Samar Estate Pvt. Ltd.

    Case Number : I.A. (I.B.C.) No. 2596 of 2024 in CP (IB) No. 98/Chd/Hry/2022

    CITATION : 2026 LLBiz NCLT(CHA) 668

    The Chandigarh Bench of the National Company Law Tribunal (NCLT) on 5 June 2026 held that homebuyers cannot reappropriate amounts refunded before commencement of the Corporate Insolvency Resolution Process (CIRP) towards interest to enhance their admitted claims.

    Perjury Cannot Be Invoked For Every Pleading Omission If Correct Financial Position Was Considered: NCLT Delhi

    Case Title : Tollman International Private Limited v. Capstech Network Private Limited

    Case Number : I.A. No. 206/ND/2025 in C.P. (IB) No. 2/ND/2024

    CITATION : 2026 LLBiz NCLT(DEL) 667

    The National Company Law Tribunal (NCLT) in New Delhi has held that perjury jurisdiction cannot be invoked to penalise every pleading defect or omission.

    Settlement Restructuring Payment Timelines Does Not Change Nature Of Operational Debt: NCLT Chennai

    Case Title : Om Tranns Infra Corporation Private Limited v. Everrenew Energy Private Limited

    Case Number : CP(IB)/140(CHE)/2025

    CITATION : 2026 LLBiz NCLT(CHE) 673

    The National Company Law Tribunal (NCLT) at Chennai has held that a settlement agreement that merely restructures repayment or acknowledges an existing liability does not extinguish or alter the original character of the debt.

    Monitoring Committee Cannot Override Fee Caps In Approved Resolution Plan: NCLT Bengaluru

    Case Title : Mr. Padmanabhan Nair v. Mr. Pulkit Agarwal

    Case Number : IA No. 304 of 2026 in CP(IB) No. 87/BB/2023

    CITATION : 2026 LLBiz NCLT(BEN) 674

    The Bengaluru Bench of the National Company Law Tribunal (NCLT) on 22 June held that a Monitoring Committee cannot override or modify fee caps prescribed under an approved resolution plan through internal arrangements or mutual consent.

    Patient Privacy Can't Bar RP's Access To Hospital Management System: NCLT Indore

    Case Title : Chaya Gupta, Resolution Professional of Greater Kailash Hospitals Private Limited v. Anil Bandi & Anr.

    Case Number : I.A. (I.B.C.) No. 347(MP)2025 in C.P. (IB) No. 3(MP)2024

    CITATION : 2026 LLBiz NCLT(IND) 672

    The National Company Law Tribunal (NCLT) in Indore has ruled that suspended directors of a hospital undergoing insolvency proceedings cannot deny a resolution professional access to its Hospital Management System by citing patient-data privacy.

    Settlement Breach Before CIRP Admission Cannot Sustain Section 9 Insolvency Proceedings: NCLT New Delhi

    Case Title : M/s. Silver Collections Private Limited v. M/s. Paragon Knits Limited

    Case Number : CP (IB) No. 763/(ND)/2024

    CITATION : 2026 LLBiz NCLT(DEL) 675

    The New Delhi National Company Law Tribunal (NCLT) has held that once parties enter into a settlement agreement before admission of a Corporate Insolvency Resolution Process (CIRP) under Section 9 of the Insolvency and Bankruptcy Code, 2016, any subsequent default arising from such settlement does not give rise to an “operational debt” and cannot sustain insolvency proceedings

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