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NCLAT: Adjudicating Authority Empowered To Enforce Arbitral Award On RP’s Application Under Section 60(5) IBC

NCLAT: Adjudicating Authority Empowered To Enforce Arbitral Award On RP’s Application Under Section 60(5) IBC

Pranav B Prem The National Company Law Appellate Tribunal (NCLAT), Principal Bench, New Delhi, comprising Justice Rakesh Kumar Jain (Member-Judicial), Justice Mohammad Faiz Alam Khan (Member-Judicial), and Mr. Naresh Salecha (Member-Technical), has held that the Adjudicating Authority has jurisdiction under Section 60(5) of the Insolvency and Bankruptcy Code (IBC) to e...

NCLAT: Investors Who Opt For Settlement Cannot Claim Under Resolution Plan; Bars Dual Recovery

NCLAT: Investors Who Opt For Settlement Cannot Claim Under Resolution Plan; Bars Dual Recovery

Pranav B Prem The National Company Law Appellate Tribunal (NCLAT), New Delhi Bench comprising Justice Mohd Faiz Alam Khan (Judicial Member) and Naresh Salecha (Technical Member), has held that once investors of the Corporate Debtor (CD) receive their dues under a Settlement Agreement and submit an unconditional undertaking to forgo claims under the Resolution Plan, the...

NCLAT Chennai Judicial Member Recuses After Disclosure of Approach by ‘Higher Judiciary’ Seeking Favourable Order

NCLAT Chennai Judicial Member Recuses After Disclosure of Approach by ‘Higher Judiciary’ Seeking Favourable Order

Pranav B Prem The National Company Law Appellate Tribunal (NCLAT), Chennai Bench, witnessed an unusual development on August 13, 2025, when its Judicial Member, Justice Sharad Kumar Sharma, recused from hearing a matter after disclosing that he was approached by “one of the most revered members of the higher judiciary” seeking a favourable order.

NCLAT Restores CIRP Of Hector Realty; Holds Resolution Professional’s Failure To Individually Inform Homebuyers Vitiates Proceedings

NCLAT Restores CIRP Of Hector Realty; Holds Resolution Professional’s Failure To Individually Inform Homebuyers Vitiates Proceedings

Pranav B Prem The National Company Law Appellate Tribunal (NCLAT), Principal Bench at New Delhi comprising Justice Rakesh Kumar Jain (Judicial Member), Mr. Naresh Salecha (Technical Member), and Mr. Indevar Pandey (Technical Member) has held that the failure of the Resolution Professional (RP) to individually inform homebuyers about insolvency proceedings, as mandate...

NCLAT: Illegal Assignment of Debt Nullifies Assignee’s Right To Initiate Insolvency Proceedings Under Section 7 IBC

NCLAT: Illegal Assignment of Debt Nullifies Assignee’s Right To Initiate Insolvency Proceedings Under Section 7 IBC

Pranav B Prem The National Company Law Appellate Tribunal (NCLAT), Principal Bench, New Delhi comprising Justice Ashok Bhushan (Chairperson) and Barun Mitra (Technical Member) has held that once an assignment of debt from a bank to an applicant is declared illegal and unauthorized, the very foundation for filing an application under Section 7 of the Insolvency and Bank...

NCLAT: Gratuity Dues Must Be Paid From Employees’ Allocated Payouts, Not As Separate Entitlement Under Resolution Plan

NCLAT: Gratuity Dues Must Be Paid From Employees’ Allocated Payouts, Not As Separate Entitlement Under Resolution Plan

Pranav B Prem The National Company Law Appellate Tribunal (NCLAT), Principal Bench, New Delhi comprising Justice Ashok Bhushan (Chairperson) and Mr. Barun Mitra (Technical Member), has held that employees of a corporate debtor cannot claim gratuity dues in addition to the payouts specifically allocated to them in a Resolution Plan. The Tribunal clarified that the unpai...

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