Sub-Contractor's Contractual Share Not Part Of IVRCL's Liquidation Estate: NCLAT Orders Release Of ₹41.76 Lakh

The National Company Law Appellate Tribunal (NCLAT) has recently directed the liquidator of IVRCL Limited to release over Rs 41 lakh to sub-contractor Imperial Coastal Infra, holding that 96% of the project receivables belonged to the sub-contractor, were held by the corporate debtor in a fiduciary capacity, and could not be treated as part of the liquidation estate or as operational debt. A Chennai Bench comprising Judicial Member Justice Sharad Kumar Sharma and Technical Member Jatindranath...

NCLAT Chennai Dismisses Personal Guarantors Appeals Upholds 208-Day Exclusion In PGIRP

The Chennai Bench of the National Company Law Appellate Tribunal (NCLAT) on 27 April dismissed four connected appeals filed by personal guarantors B. Nirmal Kumar, B. Kamlesh Kumar, B. Anand Kumar, and N. Rekha, challenging orders of the National Company Law Tribunal (NCLT), Chennai, dated 10 March 2026. A Bench comprising Judicial Member Justice Sharad Kumar Sharma and Technical Member Jatindranath Swain held that the NCLT correctly excluded a period of 208 days (16 April 2025 to 10 November...

NCLAT Delhi Rejects STCI Challenge In IMP Powers Liquidation, Upholds NCLT Jurisdiction On Section 53

The New Delhi Bench of the National Company Law Appellate Tribunal (NCLAT) on 27 April, dismissed STCI Finance Limited's appeals challenging the liquidation process of IMP Powers Ltd., holding that while the Liquidator's inclusion of STCI's assets in the liquidation estate was valid, STCI failed to establish any illegality warranting interference with the process. A Bench comprising Chairperson Justice Ashok Bhushan and Technical Member Indevar Pandey further held that disputes over the...

NCLAT Dismisses SRA's Appeal, Says CIRP Surplus Not In Resolution Plan Must Be Distributed Among Creditors

The National Company Law Appellate Tribunal (NCLAT) at Delhi has dismissed an appeal challenging the distribution of surplus generated during the insolvency process, holding that such surplus, if not provided for in the resolution plan, cannot be claimed by the successful resolution applicant and must be distributed under the IBC waterfall.A Bench of Justice Ashok Bhushan and Technical Member Indevar Pandey emphasised that the nature and timing of the surplus were determinative, observing: “The...

Conviction And Bar Suspension Disqualify Counsel From Appearance In Liquidation Matters: NCLAT Chennai

The Chennai Bench of the National Company Law Appellate Tribunal (NCLAT) on 24 April held that R. Subramaniam, who had long represented the Liquidator of Cethar Ltd., could not continue as counsel in view of conflict of interest concerns, non-disclosure obligations under the Insolvency framework, suspension of his licence, and subsequent criminal conviction. A Bench of Judicial Member Justice Sharad Kumar Sharma and Technical Member Jatindranath Swain dismissed the appeal filed by V. Nagarajan,...

No Financial Debt Where Flats Given In Lieu Of Legal Fees: NCLAT New Delhi

The New Delhi Bench of the National Company Law Appellate Tribunal (NCLAT) on 23 April dismissed the appeal filed by L & L Partners Litigation, holding that allotment of three flats by AKME Projects Ltd. towards professional legal fees did not constitute a “financial debt” under Section 5(8) of the Insolvency and Bankruptcy Code (IBC). A Bench comprising Chairperson Justice Ashok Bhushan and Technical Member Barun Mitra observed: “Amount raised from allottees under Real Estate Project has...

Coparcener Claiming Guarantor's Property Cannot Intervene In Guarantor's Insolvency Case: NCLAT

The National Company Law Appellate Tribunal (NCLAT) at Delhi has recently held that a person claiming coparcenary rights over a guarantor's property cannot be impleaded in personal guarantor insolvency proceedings (Section 95), as such proceedings are confined to personal guarantors. A bench of Judicial Member Justice Sharad Kumar Sharma and Technical Member Jatindranath Swain emphasised that the Insolvency and Bankruptcy Code limits such proceedings to specific individuals acting as...

NCLAT Rejects EPFO Claim In Dhruv Wellness CIRP, Finds Internal Communication Without PF Assessment Insufficient

The National Company Law Appellate Tribunal (NCLAT) at Delhi has recently dismissed an appeal filed by the Employees' Provident Fund Organisation (EPFO) seeking admission of a Rs. 61.36 lakh claim in the CIRP of Dhruv Wellness Ltd., holding that a claim based only on an internal communication and without any assessment under Section 7A of the EPF & MP Act could not be sustained. The tribunal further observed that the appellant must bear the consequence of not crystallising the claim at the...

NCLT Cannot Entertain Challenge To Statutory Development Authority Orders Under IBC: NCLAT New Delhi

The New Delhi National Company Law Appellate Tribunal (NCLAT), on 6 April, held that orders passed by statutory authorities in exercise of statutory powers cannot be challenged before the NCLT under the Insolvency and Bankruptcy Code, 2016. A Bench comprising Chairperson Justice Ashok Bhushan and Technical Member Indevar Pandey observed: “The Tribunal held that sanction of Plan, which is in exercise of Statutory jurisdiction of Lucknow Development Authority under Uttar Pradesh Urban Planning...

NCLT Asking Parties To Explore Settlement Not A Reference To Mediation: NCLAT

The National Company Law Appellate Tribunal (NCLAT) at Delhi has observed that asking parties in a long-pending oppression and mismanagement dispute to explore settlement is not the same as referring the matter to mediation. The ruling came in an appeal filed by Vijay Data against Data Ingenious Global Ltd and others, challenging an order of the National Company Law Tribunal (NCLT), Jaipur Bench, which had dismissed his application seeking recall of an earlier order dated February 19, 2026. ...

Emails Admitting Defects, Compensation Offers Prove Dispute: NCLAT Dismisses CIRP Plea Against Amod Stampings

The National Company Law Appellate Tribunal (NCLAT) at New Delhi has upheld the rejection of plea seeking initiation of the corporate insolvency resolution process (CIRP) against Amod Stampings Private Limited, holding that emails admitting defective supply and offering compensation demonstrate a pre-existing dispute. A Bench of Chairperson Justice Ashok Bhushan and Technical Member Barun Mitra observed, “The Appellant having agreed to compensate the Corporate Debtor is also a clear...

NCLAT Upholds CIRP Against Prayag Polytech, Says NOCs For Specific Charges Don't Wipe Out Entire Debt

The National Company Law Appellate Tribunal (NCLAT) at Delhi has recently upheld the admission of insolvency proceedings against Prayag Polytech Pvt. Ltd., rejecting the company's reliance on multiple No Dues Certificates and holding that these were issued only for satisfaction of specific charges and did not extinguish its overall liability to Canara Bank. A bench of Judicial Member Justice Ashok Bhushan and technical member Barun Mitra held that the certificates relied upon by the suspended...