NCLAT Restores Plea Dismissed For Non-Appearance, Accepts Counsel's SC Engagement As Explanation

Holding that counsel's appearance before the Supreme Court sufficiently explained his absence, the National Company Law Appellate Tribunal (NCLAT) restored an insolvency plea that had been dismissed for non-appearance before the National Company Law Tribunal (NCLT). The bench, comprising Judicial Member Justice Mohammad Faiz Alam Khan and Technical Member Naresh Salecha, said: “In view of above, we are of the considered opinion that sufficient explanation has been given by the Appellant on non...

NCLAT Reduces ₹1 Lakh Cost To ₹10 Thousand On Unity SFB For Delay In Paying RP Fee

The National Company Law Appellate Tribunal (NCLAT) at Delhi recently reduced the cost imposed on Unity Small Finance Bank from Rs 1 lakh to Rs 10,000 in each case for a delay of nearly three weeks in paying the fee of a resolution professional appointed in insolvency proceedings against a personal guarantor. A bench of Chairperson Justice Ashok Bhushan and Technical Member Barun Mitra held, “We are of the view that it was well within the discretion of the Adjudicating Authority to impose...

NCLAT Says It Cannot Allow Insolvency Appeal On Settlement, Corrects 'Inadvertent Error' In Earlier Order

The National Company Law Appellate Tribunal (NCLAT) at Delhi recently clarified that once insolvency proceedings have commenced, they cannot be brought to an end merely on the basis of a private settlement between parties and must follow the statutory process before the adjudicating authority. A bench of Judicial Member Justice N. Seshasayee and Technical Member Arun Baroka clarified this while correcting an error in its earlier order. “Therefore, even assuming that the applicant has made any...

Late CIRP Claims Under IBC Cannot Be Entertained After CoC Process Resolution Plan: NCLAT Chennai

The Chennai Bench of the National Company Law Appellate Tribunal (NCLAT) on 9 April, held that claims which are not filed and substantiated in accordance with the Insolvency and Bankruptcy Code, 2016 and the Corporate Insolvency Resolution Process (CIRP) Regulations cannot be entertained at an advanced stage of the CIRP, particularly after the resolution plan has been processed by the Committee of Creditors (CoC). The Bench comprising Judicial Member Justice Sharad Kumar Sharma and Technical...

NCLAT Sets Aside NCLT Order Replacing RP, Says It Cannot Act As 'Moral Guardian'

The National Company Law Appellate Tribunal (NCLAT) at Delhi has set aside an order of the National Company Law Tribunal (NCLT) which had replaced the Resolution Professional (RP) chosen by the Committee of Creditors (CoC) with its own nominee, observing that the adjudicating authority cannot act as a “moral guardian.”The order came on appeals filed by 17 homebuyer-allottees of Three C Projects Pvt. Ltd., a real estate company undergoing insolvency proceedings. A bench of Chairperson Justice...

NCLAT New Delhi Says SEBI Order Cannot Be Tested In IBC, Upholds Ineligibility Under Section 29A(f)

The New Delhi Bench of the National Company Law Appellate Tribunal (NCLAT) on 20 April dismissed an appeal filed by Carnet Elias Fernandes, suspended director of GEI Industrial Systems Ltd., challenging the National Company Law Tribunal (NCLT) Indore Bench order dated 17 February 2026. The NCLT had rejected his application seeking a declaration that he was not ineligible under Section 29A(e) and 29A(f) of the Insolvency and Bankruptcy Code (IBC). A Bench comprising Chairperson Justice Ashok...

NCLAT Sets Aside NCLT Order Allowing Withdrawal Of CoC-Approved Resolution Plan

The National Company Law Appellate Tribunal (NCLAT) at Delhi has recently set aside an order of the NCLT Mumbai that allowed withdrawal of a resolution plan in the insolvency of TD Toll Road Pvt. Ltd., holding that the Committee of Creditors (CoC) had no authority to undo a plan once it had been approved and placed before the tribunal. Reaffirming the scheme of the Insolvency and Bankruptcy Code, the appellate tribunal said a resolution plan, once cleared by the CoC, binds both the creditors...

NCLAT Reserves Order On Vedanta's Plea Against Approval Of Adani's JAL Resolution Plan

The National Company Law Appellate Tribunal (NCLAT) on Wednesday reserved orders on Vedanta Limited's appeal challenging the approval of Adani Enterprises Limited's resolution plan for Jaiprakash Associates Limited, with Vedanta arguing that its higher bid was ignored despite offering the maximum value. Vedanta has challenged the March 17 order of the Allahabad bench of the National Company Law Tribunal, which approved Adani Enterprises' plan while rejecting Vedanta's proposal. Vedanta had...

NCLT Not Mere Counter Signatory, Can Reject CoC-Approved Resolution Plan Where CIRP Found 'Suspect': NCLAT

The National Company Law Appellate Tribunal (NCLAT) on Tuesday has held that an Adjudicating Authority is not bound to approve a resolution plan, even if it is approved by the Committee of Creditors, where the insolvency process itself raises concerns about its integrity. A bench of Judicial Member Justice N Seshasayee and Technical Member Arun Baroka observed, “An Adjudicating Authority is not a mere counter signatory to the CoC to lend its approval to a resolution plan, but a sentinel on the...

NCLAT Dismisses CIRP Plea Against A.G. Pipes, Says Debt Cannot Be Aggregated Across Distinct Legal Entities

The National Company Law Appellate Tribunal (NCLAT) at Delhi on Tuesday dismissed an appeal filed by Bhushan Power & Steel Limited against A.G. Pipes Pvt. Ltd., holding that the operational debt attributable to the corporate debtor was below the Rs 1 crore threshold under the Insolvency and Bankruptcy Code (IBC) and that debts of separate legal entities cannot be combined to meet this limit. A bench of Judicial Member Justice N. Seshasayee and Technical Member Arun Baroka observed that most...

NCLAT Urges IBBI To Ensure Resolution Plans Don't Allow Re-Verification Of Claims By SRA

The National Company Law Appellate Tribunal (NCLAT) at Delhi on Tuesday observed that the Insolvency and Bankruptcy Board of India (IBBI) should ensure that resolution plans do not ordinarily contain clauses allowing successful resolution applicants (SRAs) to re-verify claims, cautioning that such provisions create uncertainty in the insolvency process. The observation came in a case where a homebuyer's claim had been admitted in full during the corporate insolvency resolution process (CIRP),...

NCLAT Upholds Rejection Of CIRP Plea Against S Square Cargo, Excludes Invoice-Based Interest From Debt

The National Company Law Appellate Tribunal (NCLAT) at Delhi has recently upheld the dismissal of a Section 9 CIRP application filed by Shivani Enterprises against S Square Cargo Movers Pvt. Ltd. It held that the interest component reflected in the invoices was not mutually agreed between the parties and could not be included in the operational debt. A bench of Chairperson Justice Ashok Bhushan and Technical Member Barun Mitra held: "When the payment of interest is not found to have been...