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

In the context of the Insolvency and Bankruptcy Code (IBC), the Supreme Court has held that a ‘pre-existing dispute’ capable of barring the initiation of a Corporate Insolvency Resolution Process under Section 9 must be real, genuine, and supported by substantive evidence, and not a moonshine defence raised merely to obstruct CIRP. A bench of…

NCLAT Issues Notice On SEBI’s Challenge To Plan Clause Allegedly Shielding Subsidiary From Penalties

The National Company Law Appellate Tribunal on Friday issued notice on SEBI’s appeal challenging an NCLT Mumbai order that refused to recall or clarify a paragraph in the Reliance Capital resolution plan which, according to SEBI, is being misused to claim that all liabilities of the company’s subsidiaries also stand extinguished. SEBI says this interpretation…