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Oct 16 2026
IBC Laws Today | Commercial & Dispute Resolution
Overview
The 16 October 2026 edition of IBC Laws Today—Commercial & Dispute Resolution presents recent judicial and tribunal developments concerning arbitration, commercial courts, insolvency, corporate disputes, real-estate regulation, debt recovery, money laundering and cheque-dishonour proceedings.
The edition includes decisions from the Supreme Court, Bombay High Court, Madras High Court, Himachal Pradesh High Court, NCLAT, NCLT, Maharashtra Real Estate Appellate Tribunal and DRT Chennai. It also highlights research concerning group insolvency, cross-border proceedings and the treatment of EPFO claims after the commencement of a corporate insolvency resolution process.
Details
Newsletter Information
Newsletter: IBC Laws Today—Commercial & Dispute Resolution
Edition date: 16 October 2026
Publisher: IBC Laws
Primary coverage: Arbitration, commercial litigation, insolvency, company law, RERA, SARFAESI, PMLA and the Negotiable Instruments Act
Forums covered: Supreme Court, High Courts, NCLAT, NCLT, Real Estate Appellate Tribunal and Debt Recovery Tribunal
Arbitration Law
Case: Sunfield Global Pte Ltd. v. Liberty Investments Pvt. Ltd.
Court: Bombay High Court
Section 9 petition: The Court held that a petition seeking interim protection before the constitution of an arbitral tribunal may remain maintainable.
Foreign-seated arbitration: The petition may be entertained when the remedy available before the foreign-seated tribunal has not been shown to be efficacious.
Interim protection: Delay attributable to court proceedings cannot be permitted to defeat interim relief concerning an admitted monetary claim.
Citation: (2026) ibclaw.in 5624 HC
Commercial Courts
Case: Intellect Design Arena Ltd. v. Mindgate Solutions Pvt. Ltd.
Court: Madras High Court
Expert evidence: Recording the evidence of a court-appointed expert before issues have been framed does not constitute commencement of the trial.
Summary judgment: Such evidence does not prevent a party from applying for summary judgment under Order XIII-A of the Code of Civil Procedure.
Citation: (2026) ibclaw.in 5718 HC
Proof of Default under Section 7 of the IBC
Decision: Supreme Court Sets Evidentiary Hierarchy for IBC Section 7 Default Proof
CIRP admission: The Supreme Court upheld the commencement of corporate insolvency resolution proceedings against two hotel companies.
Information Utility record: An authenticated record from an Information Utility can independently establish the occurrence of default.
Debt quantum: A disagreement concerning the final amount of debt need not delay the admission of an otherwise valid Section 7 application.
Practical significance: The ruling clarifies the relative evidentiary value of records used to establish financial default.
Oppression, Mismanagement and Share Buyout
Decision: NCLAT Sets Aside Share Buyout Order Without Section 241 Findings
Legal requirement: A direction for the purchase of shares under Section 242(2)(b) requires prior findings of oppression and mismanagement.
Order set aside: NCLAT found that the necessary findings under Section 241 had not been recorded before the share-purchase direction was issued.
Remand: The matter was returned for fresh valuation and reconsideration.
Maharashtra RERA Proceedings
Decision: Maharashtra REAT Rejects Full Forfeiture of Flat Booking Consideration
Amount involved: The allottee had paid ₹4.27 lakh before execution of an agreement for sale.
Nature of payment: The Tribunal found that the amount constituted part payment of the purchase consideration rather than earnest money.
Appeal outcome: The promoter’s appeal seeking complete forfeiture of the payment was dismissed.
MSMED Statutory Arbitration
Decision: Bombay High Court Rejects Section 11 Plea After MSMED Statutory Arbitration Begins
Appointment request: The Court declined to appoint a sole arbitrator under Section 11.
Statutory proceeding: Arbitration had already commenced before the Micro and Small Enterprises Facilitation Council under Section 18(3) of the MSMED Act.
Parallel proceedings: Contractual arbitration cannot operate simultaneously with MSEFC arbitration concerning the same dispute.
SARFAESI Proceedings
Decision: DRT Chennai Upholds SARFAESI Section 14 Order, Grants Time Until 31 October
Tribunal: Debt Recovery Tribunal, Chennai
Section 14 order: The Tribunal found no patent illegality in the possession order issued by the court at Belagavi.
Temporary protection: Execution of the order was restrained until 31 October 2026.
Purpose of relief: The additional time was granted to enable the borrowers to arrange finance.
PMLA Bail and Article 21
Decision: Supreme Court Grants PMLA Bail, Says Section 45 Cannot Override Article 21
Accused: Sanjay Sureka
Period in custody: More than 20 months
Reason for bail: The Court considered the improbability of the trial being completed in the near future.
Constitutional protection: The statutory conditions under Section 45 of the PMLA cannot displace the right to personal liberty under Article 21.
Forwarding delay: The challenge concerning a five-day delay under Section 19(2) of the PMLA was rejected.
Group and Cross-Border Insolvency
Research paper: Group Insolvency and Cross-Border Challenges: Evaluating India’s Draft Part ZA Framework against International Standards
Author: Adv. Nishi Yadav
Citation: (2026) ibclaw.in 154 Art.
Framework examined: Draft Part ZA proposed by the Cross-Border Insolvency Rules and Regulations Committee in December 2021
Research focus: The paper evaluates the proposed voluntary and flexible group-insolvency mechanism against international standards.
EPFO Claims after CIRP
Article: Dealing with EPFO Claims after Initiation of the CIRP
Author: Adv. Shivpartap Singh Thakur
Citation: (2026) ibclaw.in 147 Art.
Post-moratorium assessments: The article examines the legal consequences of EPFO assessments made after commencement of the insolvency moratorium.
Section 14: It considers how the IBC moratorium applies to proceedings conducted under provident-fund legislation.
Claim treatment: The discussion distinguishes crystallised and uncrystallised claims and examines their treatment within the resolution process.
Liquidation Records
Decision: NCLT Indore Directs Former RP and Directors to Furnish Liquidation Records
Application outcome: The liquidator’s application was partly allowed.
Records required: The former resolution professional and suspended directors were directed to supply the records available to them.
Missing documents: Any unavailable records must be explained through affidavits.
Additional disclosure: The respondents must provide information concerning lease proceedings and related deposits.
Negotiable Instruments Act
Decision: Himachal Pradesh High Court Upholds Section 138 Acquittal over Proprietorship Proof
Appellant: Sanjay Pant
Named payee: Sanjay Traders
Evidentiary failure: No evidence was produced establishing that the appellant was the proprietor of the concern named as payee on the cheque.
Appeal outcome: The challenge to the acquittal was dismissed.
Development Agreement Arbitration
Decision: Bombay High Court Refers Later Development Agreement Disputes to Arbitration
Arbitrator appointment: The Court appointed a sole arbitrator to consider the disputes.
Later breaches: Disputes arising from subsequent breaches of the same development agreement may be referred to arbitration.
Limitation: A fresh notice cannot revive claims that have already become barred by limitation.
Additional Access
Daily digest: The newsletter also provides access to the IBC Laws Today daily case-law updates dated 15 October 2026.
Coverage: The daily digest includes important developments in insolvency, corporate, banking, RERA and arbitration law.
Mobile application: Readers may access judgments, case-law updates and research materials through the IBC Laws application.
Further information: Complete judgments, articles and detailed case analyses are available through the links included in the original IBC Laws newsletter.
Disclaimer: The information provided in this News Bulletin is for informational purposes only. The Learning Centre does not facilitate or provide recordings, additional data, access, or any other related information concerning the events/resources listed.
