IBC

Supreme Court Orders Probe After NCLAT Member Alleges Pressure from Higher Judiciary
Supreme Court Orders Probe After NCLAT Member Alleges Pressure from Higher Judiciary

The Supreme Court has directed an independent investigation into serious allegations by an NCLAT member who claimed a judge from the higher judiciary attempted to influence his judicial decisions.

The matter, flagged by the NCLAT member in a letter, involves potential misconduct and threats to judicial independence.

The Supreme Court emphasised zero tolerance for any interference in judicial proceedings and assured a transparent probe to uphold institutional integrity.

The Chief Justice of India has taken suo motu cognisance, underscoring the judiciary’s commitment to accountability and ethical standards.

Read Details / 2 days ago

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Delhi High Court: Cannot Attach Properties Outside Jurisdiction in Daiichi Sankyo & Ranbaxy Arbitration Case
Delhi High Court: Cannot Attach Properties Outside Jurisdiction in Daiichi Sankyo & Ranbaxy Arbitration Case

The Delhi High Court ruled that it cannot directly attach immovable properties outside its territorial jurisdiction for enforcing foreign arbitral awards in the Daiichi Sankyo case against former Ranbaxy promoters.

Justice Anup Bhambhani emphasised that Code of Civil Procedure (CPC) restrictions apply, requiring property attachment orders to be executed by courts with proper territorial jurisdiction.

The Court rejected One Qube Realtors’ claim as an innocent third-party purchaser and issued a precept to the Gurugram District Court for property attachment worth ₹126 crores. Ownership disputes must be resolved by competent courts, not the executing court.

The ruling reinforces jurisdictional limits in cross-state enforcement of foreign awards.

Read Judgement / 8 days ago

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NCLT Declares Former Promoter of Dewan Housing Finance Corporation (DHFL) Kapil Wadhawan as Bankrupt
NCLT Declares Former Promoter of Dewan Housing Finance Corporation (DHFL) Kapil Wadhawan as Bankrupt

The National Company Law Tribunal (NCLT) has declared Kapil Wadhawan, the former promoter of Dewan Housing Finance Corporation (DHFL), bankrupt under the Insolvency and Bankruptcy Code (IBC).

This move follows a petition by creditors seeking to recover debts from Wadhawan personally, separate from the corporate resolution process already completed for DHFL.

The bankruptcy declaration allows creditors to liquidate Wadhawan’s personal assets to settle outstanding dues. Wadhawan, facing multiple investigations, including allegations of fraud and money laundering, had opposed the petition. 

[Union Bank of India v Kapil Wadhawan]

Read Details / 9 days ago

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NCLT refuses insolvency plea against Indo Laminates, rules IBC cannot be used for recovery
NCLT refuses insolvency plea against Indo Laminates, rules IBC cannot be used for recovery

The NCLT, New Delhi, has dismissed a Section 7 IBC plea filed by Akshay Kumar Rout against Indo Laminates Pvt. Ltd. for an alleged default of ₹1.13 crore.

The Tribunal held that IBC proceedings cannot be used as a tool for recovery, particularly against solvent companies.

Indo Laminates admitted to taking the loan but explained that repayment was delayed due to heavy losses from a fire accident. 

The Bench noted the company’s clean track record and long-standing business relationship with the applicant. Finding that the intent was recovery, not resolution, the NCLT refused to initiate a Corporate Insolvency Resolution Process (CIRP).

Read Details / 9 days ago

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PIL in Supreme Court Seeks Probe into Vedanta, Hindustan Zinc over Fraud and Regulatory Breach Allegations
PIL in Supreme Court Seeks Probe into Vedanta, Hindustan Zinc over Fraud and Regulatory Breach Allegations

A PIL has been filed in the Supreme Court seeking a probe into allegations in US short-seller Viceroy Research’s July 9 report, “Vedanta – Limited Resources,” which accuses Vedanta Ltd, Hindustan Zinc Ltd, and related entities of fraud, financial manipulation, and regulatory breaches.

Petitioner-advocate Shakti Bhatia has named the Union, SEBI, RBI, and MCA, citing undisclosed related-party transactions, siphoning of funds, misuse of dividends, and failure to disclose material events. 

The petition urges investigation under the Companies Act and SEBI regulations, warning of potential harm to minority shareholders if authorities fail to act. 

[Shakti Bhatia v UOI]

15 days ago

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Finance Minister Introduces IBC Amendment Bill with Group and Cross-Border Insolvency Frameworks
Finance Minister Introduces IBC Amendment Bill with Group and Cross-Border Insolvency Frameworks

Finance Minister Nirmala Sitharaman on Tuesday introduced the Insolvency and Bankruptcy Code (Amendment) Bill, 2025, proposing key reforms such as group insolvency, cross-border insolvency, and a creditor-oriented insolvency resolution process.

The Bill seeks to amend Section 7 to ensure insolvency applications are admitted solely on proof of default, aiming to cut admission delays from the current 434-day average to the mandated 14 days.

It clarifies the priority of government dues, expands “resolution plans” to include asset sales, and introduces provisions to restore resolution processes in exceptional cases.

The reforms aim to reduce delays, maximise value, and align with global best practices. The Bill has been referred to a select committee for further deliberations

Read Details / 16 days ago

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Supreme Court Reserves Verdict in JSW-Bhushan Power Review Petitions After Three Hearings
Supreme Court Reserves Verdict in JSW-Bhushan Power Review Petitions After Three Hearings

The Supreme Court has concluded hearings and reserved its judgment on review petitions challenging its earlier decision in the JSW-Bhushan Power insolvency dispute.

A bench led by Chief Justice BR Gavai and Justices Satish Chandra Sharma and Vinod Chandran reserved the judgment.

The case involves financial creditors’ claims and issues around the approved resolution plan for Bhushan Power & Steel.

Key points included the Committee of Creditors’ role after plan approval, EBITDA allocation, and alleged breaches of working capital obligations. 

[Kalyani Transco v Bhushan Power & Steel Limited]

Read Details / 18 days ago

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Punjab & Haryana Bar Council Warns Lawyers Against Advertising on Social Media, influencer Collabs
Punjab & Haryana Bar Council Warns Lawyers Against Advertising on Social Media, influencer Collabs

The State Bar Council of Punjab and Haryana issued a warning to lawyers against advertising legal services on social media, through promotional videos, or influencer endorsements.

The council noted advocates using religious, cultural, or public events for self-promotion via banners, stalls, and digital ads, violating professional ethics, calling it a violation of Rule 36 of the Bar Council of India Rules, which prohibits soliciting work through advertisements or client photographs.

Violations may lead to misconduct proceedings under Section 35 of the Advocates Act, potentially resulting in licence suspension or cancellation. The directive was sent to all regional bar associations.

Read Details / 25 days ago

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Supreme Court Recalls Order Liquidating Bhushan Power, Says Article 142 Was Misused to Do Injustice
Supreme Court Recalls Order Liquidating Bhushan Power, Says Article 142 Was Misused to Do Injustice

In a significant move, the Supreme Court on July 31 recalled its May 2 judgment that had directed the liquidation of Bhushan Power & Steel Ltd (BPSL) by rejecting JSW Steel’s ₹20,000 crore resolution plan.

The bench led by CJI Gavai observed that Article 142 had been wrongly invoked “to do injustice” and that the ruling ignored legal precedents and relied on incorrect facts.

The Court allowed a review, keeping all issues open for rehearing and stressed that the commercial wisdom of creditors and the livelihood of 25,000 workers couldn’t be dismissed over minor procedural lapses.

[Punjab National Bank and Anr. v Kalyani Transco and Ors.]

Read Details / 29 days ago

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Supreme Court Reopens Bhushan Steel Case: Review Pleas to Be Heard in Open Court on July 31
Supreme Court Reopens Bhushan Steel Case: Review Pleas to Be Heard in Open Court on July 31

The Supreme Court agreed to hear review petitions challenging its May 2 judgment that quashed JSW Steel’s resolution plan for Bhushan Steel and Power Ltd (BSPL), declaring it illegal under the Insolvency and Bankruptcy Code (IBC).

A bench led by Chief Justice B.R. Gavai and Justice Satish Chandra Sharma allowed the request for an open-court hearing and oral submissions. 

The matter is now scheduled for a detailed hearing on July 31 at 3 PM. 

The decision marks a crucial development in the high-stakes corporate insolvency battle.

[Punjab National Bank & Anr v Kalyani Transco & Ors]

Read Details / 30 days ago

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NCLT Initiates Insolvency Proceedings Against BluSmart Mobility Over ₹1.28 Cr Debenture Default
NCLT Initiates Insolvency Proceedings Against BluSmart Mobility Over ₹1.28 Cr Debenture Default
  • Case Name: Catalyst Trusteeship v BluSmart

The NCLT Ahmedabad bench has admitted an insolvency petition against BluSmart Mobility Limited, filed by Catalyst Trusteeship Limited over a ₹1.28 crore default on 15 non-convertible debentures issued in April 2023.

Rejecting BluSmart’s defence of financial hardship and alleged procedural lapses, the Tribunal found clear evidence of default, including bank records and a debt acknowledgement by its co-founder. It held that the debt qualified as a financial debt under Section 5(8) and 3(12) of the IBC.

The IRP is required to issue a public announcement within three days and invite claims from creditors.

The Registrar of Companies has been directed to update BluSmart’s status as “under CIRP” on the Ministry of Corporate Affairs portal.

Read Details / a month ago

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Supreme Court Rejects Plea Against BCCI-Byju’s Insolvency Case Withdrawal
Supreme Court Rejects Plea Against BCCI-Byju’s Insolvency Case Withdrawal

The Supreme Court has dismissed a plea challenging the withdrawal of insolvency proceedings filed by BCCI against Byju’s over unpaid sponsorship dues. 

The original insolvency plea before NCLT Bengaluru was withdrawn after a mutual settlement. The petitioner, a third party, opposed the withdrawal, citing public interest.

However, the Supreme Court refused to intervene, stating the petitioner had no locus standi in a matter that was already settled mutually.

The bench made it clear that third parties cannot interfere in settled IBC disputes unless directly affected, and refused to entertain the petition.

Read Details / a month ago

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Kerala High Court: Civil Courts Cannot Grant Injunctions in Matters Barred by IBC
Kerala High Court: Civil Courts Cannot Grant Injunctions in Matters Barred by IBC

The Kerala High Court has held that it can exercise its supervisory jurisdiction under Article 227 of the Constitution to set aside an ad interim injunction granted by a civil court in a suit barred by the Insolvency and Bankruptcy Code (IBC). 

Justice K. Natarajan emphasised that Sections 63 and 231 of the IBC prohibit civil courts from entertaining suits where the National Company Law Tribunal (NCLT) has jurisdiction. 

The Court ruled that any civil court order in such matters is illegal and without jurisdiction. The court directed trial courts to verify suit maintainability suo moto and permitted petitioners to approach the NCLT for relief.

Judgement Copy / a month ago

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JSW Steel Files Review Petition Against Supreme Court Verdict Directing Liquidation of Bhushan Power
JSW Steel Files Review Petition Against Supreme Court Verdict Directing Liquidation of Bhushan Power

JSW Steel has filed a review petition challenging the Supreme Court’s May 2, 2025, judgment that deemed its ₹19,700 crore resolution plan for Bhushan Power and Steel Ltd. (BPSL) “illegal” and ordered liquidation. 

The court had found violations of Sections 30(2) and 31(2) of the IBC, citing mala fide conduct. JSW argues the judgment violates Article 142 and natural justice, ignores the commercial wisdom of creditors under CoC, and misapplies precedent, threatening thousands of jobs and national economic interests.

The review petition is now before a SC bench.

Read Details / 2 months ago

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NCLT Ahmedabad Admits IREDA’s ₹510 Cr Insolvency Petition Against Gensol Engineering
NCLT Ahmedabad Admits IREDA’s ₹510 Cr Insolvency Petition Against Gensol Engineering

The Ahmedabad bench of the NCLT admitted the insolvency petition against Gensol Engineering Limited, filed by the Indian Renewable Energy Development Agency (IREDA) under Section 7 of the IBC, over a ₹510 crore loan default.

A two-member bench noted that Gensol did not dispute the existence of the debt and appointed an Insolvency Resolution Professional (IRP) from the IBBI panel instead of IREDA’s nominee.

Previous SEBI findings revealed alleged fund diversion and governance lapses; the tribunal had earlier ordered freezing of bank and demat accounts and asset attachment.

If no resolution plan is approved within 180–330 days, Gensol may face liquidation.

Read Details / 2 months ago

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