Supreme Court Denies Housing Societies Locus To Intervene In Insolvency Admission; Issues Directions For CoC

The Supreme Court has held that housing societies lack the locus standi to intervene in the admission stage of insolvency proceedings, ruling that “right to initiate or participate in CIRP flows from the debt transaction and the statute, not from associative or representational interest.” While limiting third-party intervention, the court simultaneously directed that the Committee of Creditors (CoC) “shall mandatorily record cogent and specific reasons in writing” whenever it...

Execution Cannot Be Used As Surrogate Forum To Fix New Liability: SC In Plea Against Ansal Crown Directors

According to the court, no new liability can be fixed against directors at the execution stage when they were not parties in the original order.

Promise To Arrange Funds In Case of Default Does Not Make Promoter A Guarantor: Supreme Court

The Supreme Court of India has held that a promoter's promise to arrange funds to help a borrower meet financial covenants does not amount to a contract of guarantee under the Indian Contract Act and cannot be used to fasten insolvency liability on the promoter. A bench of Justice Sanjay Kumar and Justice Alok Aradhe said that for an obligation to qualify as a guarantee under Section 126 of the Act, there must be a clear and unambiguous promise by the surety to repay the borrower's debt if the...

Supertech Insolvency : Supreme Court Appoints 3-Member Committee To Oversee Supernova Project & Protect Homebuyers

The Court has disbanded the interim resolution professional and the Committee of Creditors, which will be replaced by the Committee.

S. 9 IBC | Debtor's Ledger Acknowledging Debt & Post-Notice Payments Negate Defence Of Pre-Existing Dispute: Supreme Court

CIRP cannot be defeated by a corporate debtor by raising "moonshine defence" only to delay the process, the Court said.

NCLT Can Order Forfeiture Of Entire Deposit If Purchaser Of Liquidation Assets Defaults In Payments : Supreme Court

The Supreme Court held that if a purchaser defaults on payment for assets acquired in liquidation under a judicially supervised sale, the entire amount already deposited may be forfeited. It further clarified that Section 74 of the Indian Contract Act, 1872 cannot be invoked to seek a refund, as no contract exists between the purchaser and the liquidator, the sale being conducted under the authority and supervision of the Adjudicating Authority. “the appellant had no justifiable claim to seek...

Supreme Court Stays Kerala HC Order Summoning Byju's Resolution Professional In Contempt Case Over Sale Of Subsidiaries

The Supreme Court on Friday stayed the Kerala High Court's orders which had directed issuance of show-cause notices and directed Byju's Resolution Professional Shailendra Ajmera, GLAS Trust representative Sunil Thomas, and Ernst and Young Chairman Rajiv Memani to personally appear before the High Court in contempt proceedings over the sale of Byju's foreign subsidiaries Epic! Creations Inc. and Tangible Play Inc. “In the meantime, operation of the impugned order dated 21.11.2025 passed in IA No....

Supreme Court Restores Property Of Corporate Debtor Attached Under PMLA To Successful Resolution Applicant

The Supreme Court recently reiterated that the objective of Section 8(8) of the Prevention of Money Laundering Act(PMLA) is to ultimately restore any attached properties to the bonafide successful resolution application(SRA) who have a legitimate interest in it.Section 8(8) allows the Special Court to direct the Central Government to restore property that has been confiscated under the Act to a person or claimant who has a legitimate interest in it, upon conclusion of the trial. However, second...

IBC | Terminated Contract Not Corporate Debtor's Asset; Moratorium Won't Revive Extinguished Contractual Rights : Supreme Court

The Court also observed that a defaulting developer cannot take shield of IBC moratorium to block redevelopment projects.

Supreme Court Dismisses Byju Raveendran's Appeal Against NCLAT Order Mandating CoC Nod For BCCI's Plea To Withdraw CIRP

The Supreme Court on Friday dismissed an appeal filed by Byju Raveendran, suspended director and promoter of Think and Learn Private Ltd (which ran the Ed-Tech firm Byju's), challenging an order of the National Company Law Appellate Tribunal which held that the approval of the Committee of Creditors is necessary for the application filed by the BCCI to withdraw the insolvency proceedings against Byju's.A bench of Justice JB Pardiwala and Justice KV Vishwanathan dismissed the appeal....

IBC | Section 7 Application Can't Be Rejected For Curable Defects In Affidavit : Supreme Court

The Supreme Court on Monday (November 24) observed that procedural defects in a Section 7 insolvency application under IBC, such as a defective affidavit, are curable and cannot be used as a basis for summary dismissal. “Mere filing of a 'defective' affidavit in support of an application would, however, not render the very application non est and liable to be rejected on that ground as it is neither an incurable nor a fundamental defect.”, observed a bench of Justices Sanjay Kumar and Alok...

Can Telecom Spectrum License Be Subjected To Insolvency Proceedings? Supreme Court Reserves Judgment

The Supreme Court on Friday reserved judgment in a batch of appeals challenging the National Company Law Appellate Tribunal's decision in the insolvency proceedings of Aircel and Reliance Communications holding that spectrum can be subjected to insolvency/liquidation proceedings being an intangible asset of the Corporate Debtor.The NCLAT further held that the right to use the spectrum can only be transferred in the CIRP only after clearing the spectrum-related dues to the Government.A...