Tag: ibc

Supreme Court expresses serious concerns over AI generated judgments/paragraphs relied upon by the NCLT/NCLAT In a recent judgment, the Hon’ble Supreme Court has expressed serious concerns over judgments relied upon by the NCLT which were non-existent, some AI-generated paragraphs wrongly attributed to genuine citations. ABCAUS Case Law Citation:5177 …

Once Committee of Creditors in its commercial wisdom, decides to reject the Resolution Plan and liquidate the Corporate Debtor on account of the SRA default, there can be no interference. In a recent judgment, Supreme Court has held that once the Committee of Creditors (CoC) in its commercial …

Corporate guarantees executed by the corporate debtor constitute “financial debt” under IBC and banks to be recognized as financial creditors – Supreme Court In a recent judgment, Hon’ble Supreme Court has held that the corporate guarantees executed by the corporate debtor constitute “financial debt” within the meaning of …

When IBC proceedings are used for as recovery mechanism, it amounts to an abuse of the insolvency process – Supreme Court In a recent judgment, Hon’ble Supreme Court upheld that when IBC proceedings are used for as recovery mechanism, it amounts to an abuse of the insolvency process …

Court can not sit over comparative financial attractiveness of rival offers or to substitute its own view for the decision taken by the CoC in IBC In a recent judgment, Hon’ble Supreme Court has held that it cannot be called upon to sit over the comparative financial attractiveness …

Supreme Court allows simultaneous CIRP proceedings against principal debtor and its corporate guarantor, declines to frame any guidelines In a recent judgment, the Hon’ble Supreme Court allowed appeals against order of Adjudicating Authorities (NCLT/NCLAT) holding that simultaneous proceedings for Corporate Insolvency Resolution Process under IBC against the principal …

Spectrum allocated to TSPs and shown in books of account as asset cannot be subjected to proceedings under IBC, 2016. In a recent judgment, Hon’ble Supreme Court has held that spectrum allocated to Telecom Service Provider (TSP) and shown in their books of account as an “asset” cannot …

Adjustment of income tax refund due to corporate debtor against old income tax dues shown in the balance sheet upheld In a recent judgment, High Court upheld the adjustment of income tax refund due to corporate debtor against old income tax dues shown in the balance sheet and …

Every resolution plan to include a statement of beneficial-ownership of all natural persons who ultimately owns or controls the resolution applicant Insolvency and Bankruptcy Board of India Notification New Delhi, the 22nd December, 2025 Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) (Seventh Amendment) …

Agreement validly terminated prior to initiation of CIRP did not constitute “assets” or “property” of the corporate debtor u/s 14 of the IBC In a recent judgment, Hon’ble Supreme Court has held that Development Agreement and Supplementary Agreements validly terminated prior to the initiation of the second CIRP …