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insolvency

Home - insolvency

insolvency misuse
Posted inNews

Bombay High Court: Misuse of insolvency law to stall secured asset recovery condemned — “IBC cannot be shield for chronic defaulters, writ allowed”

Court’s decision The Bombay High Court allowed the writ petition, set aside the Debts Recovery Tribunal’s order, and directed that possession of the secured asset be handed over to the…
Posted by Rawlaw March 21, 2026
MPID act
Posted inNews

Bombay High Court — “MPID Act attachment proceedings not stayed by insolvency moratorium under IBC; investor protection prevails”, appeal dismissed with ₹10 lakh costs

1. Court’s decision The Bombay High Court rejected an appeal challenging an order of the Special Court under the MPID Act that refused to stay attachment proceedings related to the…
Posted by Rawlaw March 16, 2026
insolvency
Posted inNews

Supreme Court holds NCLT cannot review benami attachment during insolvency — “IBC is not a parallel appellate forum over sovereign confiscation” — liquidators’ appeals dismissed with ₹5 lakh costs each

Court’s decision The Supreme Court dismissed a batch of appeals filed by liquidators challenging provisional attachment orders passed under the Prohibition of Benami Property Transactions Act, 1988. Affirming concurrent findings…
Posted by Rawlaw February 26, 2026
insolvency
Posted inNews

Supreme Court restores Section 7 insolvency plea by debenture trustee — “Restructuring must comply with Debenture Trust Deed; unilateral emails cannot amend contract” — NCLT directed to admit CIRP

Court’s decision The Supreme Court allowed the appeal filed by Catalyst Trusteeship Ltd., setting aside concurrent orders of the National Company Law Tribunal and the National Company Law Appellate Tribunal…
Posted by Rawlaw February 26, 2026
insolvency
Posted inNews

Supreme Court of India holds insolvency tribunals cannot decide trademark title disputes — Section 60 jurisdiction limited; ‘Gloster’ trademark not declared asset of corporate debtor, appeals partly allowed

Court’s decision The Supreme Court of India partly allowed cross-appeals arising from insolvency proceedings of a corporate debtor and held that insolvency adjudicating authorities under the Insolvency and Bankruptcy Code…
Posted by Rawlaw January 26, 2026

Recent News

  • Bombay High Court Dismisses Father’s Habeas Corpus Plea For Return Of Child To UK; Holds “Custody Of The Minor Child With The Mother Is Not Illegal”, Welfare Of Child Remains Paramount
  • Bombay High Court Dismisses Appeal Seeking Release Of Attached Property In NSEL-MPID Case; Holds “MPID Act Has No Provision Regarding Release Of Property In Favour Of The Owner, After An Order Is Passed Permitting Auction”
  • Bombay High Court Refuses Licence For Slot Machines In Five-Star Hotel, Holds “1992 Goa Amendment Act Was Never Brought Into Force” In Daman And Diu; Says “Use Of Electronic Amusement/Slot Machines Remained Prohibited”
  • Bombay High Court Restores Written Statements In Commercial Suit Filed Within Statutory Outer Limit, Holds “Service Of Summons Without Copy Of Plaint And Accompaniments Would Not Constitute Valid Service In Law”
  • Bombay High Court Refuses To Decide ULC Possession Dispute In Writ Jurisdiction, Holds “Serious Disputed Questions Of Facts Arise”; Landowners Given Liberty To File Civil Suit
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