I. INSOLVENCY & CORPORATE LAW CASE LAWS
- Supreme Court: Sanofi India Ltd. Vs. Central Bureau of Investigation: Whether criminal proceedings against a company for offences requiring mens rea can be quashed under Section 482 CrPC solely because no natural person has been identified and arraigned alongside it.
- NCLT-Hyderabad Bench: Union Bank of India Vs. Andhra Pradesh Gas Power Corporation Ltd.: Whether a corporate debtor's reimbursement liability to a bank upon invocation and honouring of bank guarantees constitutes a financial debt and default under Section 7 of the IBC, 2016, notwithstanding pending disputes with the beneficiary and parallel DRT proceedings.
- NCLT-Chandigarh Bench:
- Sandeep Kumar Chitkara (IRP) Vs. Punjab & Sind Bank: Whether the embargo introduced by substituted Section 12A of the IBC, 2016 with effect from 26.05.2026 applies to CIRPs admitted before that date.
- Sukhdev Singh Vs. Wooden Heights Developers Pvt. Ltd. and Ors.: Whether waiver under the proviso to Section 244(1) of the Companies Act, 2013 can be granted where the applicant's shareholding eligibility is alleged to have been defeated by dilution and fragmentation.
- NCLT-Mumbai Bench:
- Principal Commissioner of Income Tax Vs. Harish Kant Kaushik (Simm Samm Hotels): Whether an income-tax claim filed after expiry of timelines under Regulations 12 & 13(1B) of CIRP Regulations and post CoC approval of resolution plan can be directed to be admitted.
- Shri Karvir Nivasini Mahalaxmi Ispat Vs. Bank of India: Whether an application under Rule 11 of NCLT Rules, 2016 can seek recall or deferment of orders in a Section 7 petition post final hearing due to ongoing settlement talks.
- NCLT-Indore Bench: Rajesh Agrawal Vs. Makhija Construction and Engineering Pvt. Ltd.: Whether an execution petition to enforce paragraphs 17 and 18 of order dated 03.02.2025 was maintainable despite a pending appeal, and whether share allotment constituted compliance.
II. RERA CASE LAWS
- Supreme Court: New Okhla Industrial Development Authority Vs. Sunshine Trade Tower Pvt. Ltd.: Whether Clause 5 of NOIDA’s Zero Period Policy applies where the promised 45-metre frontage road was never made available and the project could not proceed as sanctioned.
III. DISPUTE RESOLUTION CASE LAWS
- Supreme Court:
- National Skill Development Corp. Vs. Surya Wires: Whether an arbitration clause in a loan agreement can bind a guarantor through an integrated personal guarantee without a separate arbitration clause under Section 7(5) of the Arbitration Act, 1996.
- Manav Bhanot Vs. National Highway Authority of India: Computation of solatium and interest under the Land Acquisition Act 1894 vs. RFCTLARR Act 2013 for acquisitions under the National Highways Act, 1956.
- GVV Constructions Pvt. Ltd. Vs. Union of India: Whether a writ appellate court can direct an Arbitrator to decide claims strictly in a manner constraining Tribunal jurisdiction under Section 16 of the Arbitration Act.
- Shri Prakash Narain Sharma (Dead) Vs. Burmah Shell Co-Op: Whether High Court under Articles 226/227 could set aside concurrent orders under Delhi Co-operative Societies Act ignoring documentary evidence.
IV. CASE HIGHLIGHTS & ANALYSIS
- Ravijyot Finance v. Unity Small Finance Bank (When a Mortgagor Cannot Wear a Creditor’s Hat): Reaffirmed that writ jurisdiction under Article 226 cannot be invoked when efficacious remedies under SARFAESI or RDBFI Acts exist against private entities.
- Beyond the Going-Concern Test: CoC Approval and CIRP Costs: Highlighted that CIRP costs require both a nexus with keeping the debtor as a going concern and explicit CoC approval, superseding claims lacking sanction.
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