RP Can Recover Corporate Debtor’s Assets from Unauthorized Occupants Without Resorting to Civil Suit: NCLAT [Read Order]

The National Company Law Appellate Tribunal (NCLAT) has reiterated that a Resolution Professional (RP) is empowered to recover possession of a corporate debtor’s assets from unauthorized occupants through proceedings under the Insolvency and Bankruptcy Code, 2016 (IBC) and need not initiate a separate civil suit for eviction. The matter arose after the commencement of the…

Unregistered Profit-Sharing Agreements Cannot Confer Occupancy Rights During CIRP: NCLAT upholds Eviction of Occupant

The National Company Law Appellate Tribunal (NCLAT) has upheld the eviction of Tru Prime Pvt. Ltd. from portions of a hotel owned by the corporate debtor and held that unregistered profit-sharing agreements cannot confer any occupancy rights over immovable property during the Corporate Insolvency Resolution Process (CIRP). The dispute arose after the Resolution Professional (RP)…

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IBBI (Bankruptcy Process for Personal Guarantors to Corporate Debtors) (Second Amendment) Regulations, 2026

On 1 June 2026, the Insolvency and Bankruptcy Board of India notified the Insolvency and Bankruptcy Board of India (Bankruptcy Process for Personal Guarantors to Corporate Debtors) (Second Amendment) Regulations, 2026 to amend Insolvency and Bankruptcy Board of India (Bankruptcy Process for Personal Guarantors to Corporate Debtors) Regulations, 2019. All you need to know: If…

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Liquidations continue to outpace resolutions under IBC: Ind-Ra

India Ratings and Research (Ind-Ra) has said that despite several regulatory amendments to the Insolvency and Bankruptcy Code (IBC), recovery outcomes in India’s insolvency framework remain constrained by execution-related challenges rather than the regulatory structure itself. The fourth quarter (Q4) of fiscal 2026 (FY26) reflected this trend, with fresh admissions moderating to 143 cases from…

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Tenant’s Continued Occupation Cannot Defeat CIRP; NCLT Mumbai Orders Handover Of Corporate Debtor’s Property

The National Company Law Tribunal (NCLT) in Mumbai has recently held that a tenant’s continued occupation of a corporate debtor’s property after expiry of its arrangement cannot defeat the objectives of the corporate insolvency resolution process (CIRP) or obstruct implementation of an approved resolution plan. The tribunal directed Countertops and Cabinets (India) Pvt Ltd to…