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Continuing Guarantees in Corporate Transactions: Legal Framework and Emerging Jurisprudence

Sandhra Suresh

Guarantees are essential in commercial transactions, providing creditors with assurance that obligations will be fulfilled even if the principal...

Corporate Guarantee Constitutes Financial Debt u/s 5(8)(i): NCLAT Upholds NCLT’s Admission of S.7...

Unregistered MoDT & Mere Sale Agreement Confer No Title: NCLAT Upholds Liquidator’s Right to Recover...

NCLT Upholds CoC Decision, dismisses Applications Challenging Unijules Resolution Plan [Read Order]

Guarantee Covered Existing ₹44 Cr Credit Facilities, Not Future Loan: NCLAT Upholds Admission u/s 95...

Attachment Powers Under the Income Tax Act vs. the PMLA

Introduction The implementation of tax and anti-money laundering laws in India comes with a robust set of legislative tools, with the attachment of property being one of the most critical. The...

Assessment of PF Dues During Moratorium Violates Statutory Freeze: NCLAT Sets Aside EPFO’s Post‑Moratorium Claims [Read Order]

The National Company Law Appellate Tribunal (NCLAT), Principal Bench, New Delhi, has held that assessment of provident fund dues during moratorium under Section 14 of the Insolvency and Bankruptcy...

Calcutta HC dismisses Petitions Challenging CESTAT Order on CENVAT Credit Reversal in Tata Steel Insolvency Case [Read Order]

The Calcutta High Court has dismissed multiple writ petitions filed by Tata Steel Limited (formerly Tata Steel BSL Limited) challenging a common order passed by the Customs, Excise and Service Tax...

Supreme Court agrees to Examine Plea Seeking Probe Into NCLAT Member's Disclosure of Higher Judge Trying to Influence Decision [Read Judgement]

In response to a shocking accusation made by a member of the National Company Law Appellate Tribunal (NCLAT), the Supreme Court has consented to review a plea for a comprehensive investigation. In...

No Genuine Pre-existing Dispute Shown Over ₹18.56 Crore Operational Debt: NCLT Orders Insolvency Proceedings u/s 9 of IBC [Read Order]

The National Company Law Tribunal, Cuttack Bench, admitted an operational creditor’s insolvency plea against Geosphere Industries Pvt. Ltd. after holding that there existed no genuine pre-existing...

NCLAT Upholds Denial of Access to Rejected Valuation Reports, Affirms Distinction Between CoC Members and Participants [Read Order]

In a recent ruling, the National Company Law Appellate Tribunal (NCLAT), Principal Bench, dismissed an appeal by Manish Bagrodia, an ex-director of Winsome Yarns Limited, upholding a National...

Partial Loan Disbursement Not a Valid Ground to Reject Insolvency Plea: NCLAT Upholds Axis Bank’s Section 7 Admission [Read Order]

The National Company Law Appellate Tribunal ( NCLAT ) upheld the Adjudicating Authority’s decision admitting Axis Bank’s Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC), application ...