Supreme Court Stays NCLAT Order Holding NCLT Can Adjudicate Easement Dispute Linked To Liquidation Assets, Directs Mediation

The Supreme Court on Thursday stayed the operation of the National Company Law Appellate Tribunal's (NCLAT) July 29, 2026.The NCLAT held that the NCLT can adjudicate a dispute concerning an easementary right of way under the Insolvency and Bankruptcy Code where the dispute has a direct nexus with the insolvency or liquidation proceedings and affects value maximisation of the corporate debtor's assets.A 2:1 Bench of Technical Members Arun Baroka and Indevar Pandey, constituting the majority,...

Supreme Court To Examine If Winding-Up Petitions Transferred From HC To NCLT Must Meet IBC Threshold

The Supreme Court on Wednesday agreed to examine whether a winding-up petition filed before a High Court can be subjected to the ₹1 crore minimum default threshold under the Insolvency and Bankruptcy Code after being transferred to the National Company Law Tribunal. The case concerns winding-up proceedings instituted before the ₹1 crore threshold was introduced under the Code. The court will consider whether the threshold applicable when the proceedings were originally filed should continue...

'Judicial Discipline' Requires HC To Refrain From Entertaining Writ Against Appealable NCLT Order: Supreme Court

The Supreme Court has set aside a Kerala High Court order that entertained a writ petition challenging an NCLT order passed during liquidation proceedings. The court held that judicial discipline requires the High Court to refrain from entertaining such a challenge when the aggrieved person can pursue an appeal under the Insolvency and Bankruptcy Code (IBC).A Bench of Justices Manoj Misra and Vijay Bishnoi observed that Section 61 of the IBC gives a broad right of appeal to any “person...

Supreme Court Issues Notice On NBCC Plea Seeking RERA Exemption For 16 Supertech Projects

The Supreme Court on Monday issued notice on National Buildings Construction Corporation (India) Ltd's plea against the National Company Law Appellate Tribunal's refusal to exempt it from statutory requirements under the Real Estate (Regulation and Development) Act, 2016 (RERA). The exemption was sought in connection with NBCC's role in completing 16 stalled Supertech Ltd projects. A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana issued a notice on the plea. The...

Underlying Contract's Subsistence Cannot Revive Time-Barred Debt Under IBC: Supreme Court

The Supreme Court on Wednesday held that the mere subsistence of an underlying contract cannot give a creditor a continuing cause of action for an IBC default that has already occurred. It consequently ruled that a time-barred debt cannot be revived through insolvency proceedings.Justices J.B. Pardiwala and Manoj Misra held that the operational creditor's claims had crystallized in 2012, but it failed to pursue them within three years. The Court held that the insolvency application filed in 2018...

Uncrystallised EPFO Interest, Damages Are Contingent Liabilities Under IBC: Supreme Court

The Supreme Court has recently held that interest and damages on unpaid provident fund dues, if not determined before the commencement of the Corporate Insolvency Resolution Process (CIRP), are contingent liabilities. "Though PF dues are excluded from the liquidation estate under Section 36(4)(iii) of IBC, liability of CD towards interest and damages payable under Section 7Q and 14B of the 1952 Act, if not determined and finalized before CIRP commencement, would fall in the category of a...

Supreme Court Upholds CIRP Against Rana Kapoor-Linked Bliss Companies

The Supreme Court on Friday refused to interfere with the National Company Law Appellate Tribunal's (NCLAT) judgment upholding the initiation of corporate insolvency resolution proceedings (CIRP) against Rana Kapoor-linked Bliss Abode Pvt. Ltd. and Bliss House Pvt. Ltd. It dismissed the appeals filed by suspended director Bindu Kapoor. A bench of Justices Sanjay Kumar and Sanjeev Sachdeva declined to interfere with the NCLAT's decision upholding the admission of Section 7 applications filed by...

"Your Callous Attitude Leads To Such Litigations": Supreme Court Pulls Up GDA, UP Govt. Over Delay In Ansal Resolution Plan Implementation

The Supreme Court on Thursday criticised the Ghaziabad Development Authority (GDA) and the Uttar Pradesh government for delaying approvals required to implement the resolution plan for Ansal Urban Condominiums Pvt. Ltd. (AUCPL), saying the authorities' "callous attitude" had forced around 1,600 homebuyers to litigate for nearly two decades. The court was hearing an appeal filed by One City Infrastructure Pvt. Ltd., the successful resolution applicant (SRA) for AUCPL, against the National...

IBC Moratorium Applies Only To Corporate Debtor, Not Directors Or Promoters: Supreme Court

The Supreme Court on Monday held that the moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016, operates only against the corporate debtor. It ruled that courts or adjudicating authorities cannot enlarge its scope to cover directors, promoters, subsidiary companies, personal guarantors or any other persons unless the statute expressly provides so.The court observed that the scope of the moratorium is statutory and must remain confined to what Section 14 contemplates.A bench of...

Supreme Court Issues Notice On Venugopal Dhoot's Plea To Include Videocon Foreign Oil Assets In VIL Insolvency

The Supreme Court on Tuesday issued notice in an appeal filed by Videocon Group founder Venugopal Dhoot. The appeal challenges the National Company Law Appellate Tribunal's (NCLAT) May 14, 2026, decision refusing to include the foreign oil and gas assets of Videocon Oil Venture Ltd. (VOVL) and its overseas subsidiaries in the corporate insolvency resolution process (CIRP) of Videocon Industries Ltd.A Bench of Justice P.S. Narasimha and Justice Alok Aradhe issued notice while hearing Venugopal...

Small Operational Creditors Are 'Significantly Disenfranchised': Supreme Court Urges Review Of IBC Framework

The Supreme Court on Friday observed that small operational creditors, including MSMEs and statutory local bodies, remain "significantly disenfranchised" under the Insolvency and Bankruptcy Code (IBC) by being placed at the bottom of the repayment waterfall. Observing that the issue falls within the legislative domain, the court urged the Law Commission of India and the legislature to examine whether a fairer repayment mechanism could be devised without compromising the efficiency and commercial...

Pre-2016 DRT Recovery Certificate Cannot Trigger Insolvency Under Presidency Towns Insolvency Act: Supreme Court

The Supreme Court on Monday held that a recovery certificate issued by a Debt Recovery Tribunal (DRT) before the 2016 amendment to the Recovery of Debts and Bankruptcy Act cannot be treated as a decree or order for initiating insolvency proceedings under the Bombay's Presidency Towns Insolvency Act, 1909. Dismissing HDFC Bank's appeal, the court observed that Parliament recognised such equivalence only through the 2016 amendment. A bench of Justices Dipankar Datta and Satish Chandra Sharma...