Supreme Court Dismisses SEBI Appeal Against NCLAT Order Rejecting Recall Plea In Pancard Clubs Insolvency

The Supreme Court on Monday refused to reopen SEBI's challenge to the Pancard Clubs insolvency proceedings. It upheld an NCLAT order holding that SEBI's fraud allegations fell outside the scope of proceedings on condonation of delay. A Bench of Justice J.B. Pardiwala and Justice Vijay Bishnoi dismissed SEBI's appeal against the National Company Law Appellate Tribunal's November 3, 2025 order rejecting its recall plea. “Having heard Mr. C.U. Singh, the learned Senior counsel appearing for the...

Supreme Court Refuses To Interfere With Bombay HC Order Protecting 'GERMINATOR' Trade Dress

The Supreme Court recently (May 4) dismissed a Special Leave Petition filed by Anannya Agro Products challenging a Bombay High Court order granting interim injunction in favour of Dr. Bawaskar Technology (Agro) Pvt. Ltd. in a trademark and trade dress dispute concerning the mark “GERMINATOR”. A bench of Justice J.B. Pardiwala and Justice Vijay Bishnoi found no error in the High Court's March 16 order, stating: “We find no error, not to speak of any error of law said to have been committed by...

Supreme Court Affirms Investor's Right To Maintain Oppression Plea Despite No Entry In Register Of Members

The Supreme Court has recently held that an investor can, in certain cases, maintain oppression and mismanagement proceedings under the Companies Act, 1956 even if his name was never entered in the company's register of members, particularly where the company had consistently recognised and treated him as a stakeholder. “A conjoint reading of Sections 397, 398 and 399 indicates that the expression “member” cannot be construed in isolation or confined to the technical formulation contained in...

Adani Ent. Files Caveat In Supreme Court After NCLAT Upholds Approval Of Its Resolution Plan For JAL

Adani Enterprises has filed a caveat before the Supreme Court anticipating an appeal by Vedanta Ltd against the NCLAT judgment upholding the approval of Adani's nearly ₹14,535 crore resolution plan for debt-laden Jaiprakash Associates Ltd (JAL). The caveat ensures that in case Vedanta files an appeal, no interim order is passed without first hearing Adani Enterprises. In its May 5, 2026 judgment, the NCLAT dismissed Vedanta's appeals challenging the approval of Adani Enterprises' resolution...

“This Will Be His Last Assignment”: Supreme Court Raps Xalta Foods RP For Defying Court's Possession Order

The Supreme Court of India on Monday directed the Superintendent of Police, Hapur, to break open locks and hand over complete possession of warehouse premises to landlord Prerna Singh, coming down heavily on Naveen Kumar Jain, the Resolution Professional (RP) of Xalta Food and Beverages Pvt Ltd and holding his conduct "contemptuous." A bench of Justices J.B. Pardiwala and Vijay Bishnoi issued immediate directions after being told that despite earlier orders, only partial possession had been...

Supreme Court Continues Symbolic Possession Of Tower-5 By RP In Morpheus Bluebell CIRP

The Supreme Court of India has directed that the interim arrangement permitting only symbolic possession of Tower-5 by the Resolution Professional of the Morpheus Bluebell project developed by Morpheus Prodevelopers Pvt Ltd shall continue. The company is undergoing the Corporate Insolvency Resolution Process (CIRP) in the Morpheus Bluebell project. The Court was hearing an appeal filed by SGN Universal Construction Company Private Limited against the National Company Law Appellate Tribunal's...

Supreme Court Stays ₹5 Lakh Cost Imposed To Set Aside NBWs In Adarsh Housing SFIO Case

The Supreme Court recently (April 27) issued notice on a petition filed by Meenakshi Modi, an accused in an SFIO case linked to the Adarsh Build Estate housing fraud, to examine the validity of a Rs 5 lakh cost imposed by the Punjab and Haryana High Court while setting aside non-bailable warrants against her. The court stayed the condition till next hearing in August. A bench of Justices Sanjay Kumar and K. Vinod Chandran limited the notice to this aspect and directed Modi to appear...

Supreme Court Pulls Up Xalta RP, CoC for Non-Compliance With ₹50.55 Lakh Monthly Rent Order; Orders Handover

The Supreme Court of India on Tuesday warned the Superintendent of Police, Hapur, of personal liability if possession of premises belonging to Prerna Singh is not handed over within a week, directing the Resolution Professional and Committee of Creditors of Xalta Food and Beverages Pvt. Ltd. to ensure compliance. The Court once again rebuked the RP and CoC for failing to comply with its April 16, 2026 order, noting that against the committed monthly rent of Rs 50.55 lakh, only Rs 33.83 lakh was...

Supreme Court Reserves Verdict On Kotak AMC Plea Against SAT Ruling On Essel Group-Linked Mutual Fund Investments

The Supreme Court on Thursday reserved its verdict on appeals challenging a Securities Appellate Tribunal ruling that upheld findings of regulatory violations against Kotak Mahindra Asset Management Company in Essel Group-linked mutual fund investments while setting aside disgorgement ordered by SEBI.A bench of Justices Dipankar Datta and Satish Chandra Sharma reserved the judgment after hearing the parties.SAT in its order held that Kotak AMC failed to adequately assess the financial strength...

RP's Admission Of Claim In CIRP Not Acknowledgment Of Debt, Cannot Extend Limitation: Supreme Court

The Supreme Court on Wednesday held that admission of a claim by a Resolution Professional during insolvency proceedings is merely an administrative act and does not amount to an acknowledgment of liability under Section 18 of the Limitation Act, 1963. The court said such admission is only a recital or entry of debt and cannot extend the limitation period for initiating proceedings. “RP performs its administrative duties under Section 18 of the Code. The admission of a claim by RP is merely an...

IBC Time-Bound Resolution “Impossible To Achieve” Amid NCLT Delays; Supreme Court Takes Suo Motu Cognisance

The Supreme Court of India on Wednesday took suo motu cognisance of delays in approval of resolution plans pending before various benches of the National Company Law Tribunal (NCLT), stating that the objective of time-bound resolution under the Insolvency and Bankruptcy Code, 2016 is “impossible to achieve” in the present situation. A bench of Justice J.B. Pardiwala and Justice K.V. Viswanathan was hearing the matter pursuant to its order dated April 16, 2026. By that order, the Court had...

No Immediate Challenge To Arbitrator's Rejection Of Jurisdiction Plea; Must Wait For Final Award: Supreme Court

The Supreme Court has recently held that when a claim is challenged as time-barred to question an arbitrator's jurisdiction, and the arbitrator rejects that objection, the party cannot challenge it midway and must wait until the final award. A Division Bench of Justices Sanjay Kumar and K. Vinod Chandran observed that "In that situation, there is no option for the party aggrieved by the decision of the arbitrator upon the application filed under Section 16 except to wait till the conclusion of...