Supreme Court Reinforces Finality of SLP Orders; Upholds CoC’s Commercial Wisdom Under IBC
April 24, 2026 INSOL India Communications Committee
The Supreme Court in M/s Lamba Exports Pvt. Ltd. v. M/s Dhir Global Industries Pvt. Ltd. has reaffirmed the finality of judicial orders and the primacy of the commercial wisdom of the Committee of Creditors (CoC) under the IBC. The case..
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Supreme Court Bars Set-Off of Security Deposits During IBC Moratorium
April 24, 2026 Communications Committee
The Supreme Court in Central Transmission Utility of India Ltd. v. Sumit Binani and Ors. [(2026) ibclaw.in 142 SC], has clarified that security deposits cannot be appropriated or set-off against pre-CIRP dues once the moratorium under Section 14 kicks in,..
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IBC Clarified: Supreme Court Says Value Maximisation Goes Beyond Numbers
April 24, 2026 Communications Committee INSOL India.
The Supreme Court in a recent judgment in Torrent Power Limited v. Ashish Arjunkumar Rathi [(2026) ibclaw.in 109 SC] reiterated that under the IBC, the highest bid does not necessarily constitute the best resolution plan, emphasising that value maximisation is..
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IBBI Overhauls Valuation Framework, Enhances Accountability of RPs and Valuers
April 24, 2026 Communications Committee INSOL India
The Insolvency and Bankruptcy Board of India (IBBI) has introduced reforms to strengthen the valuation and information disclosure framework under the IBC. These measures seek to address concerns around inconsistent valuation practices and information asymmetry faced by creditors. The reforms..
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CJI Surya Kant in a recent hearing in EAS Sarma v. Union of India and others [W.P.(C) No. 1217/2025]
April 21, 2026 INSOL India - Communication Committee
CJI Surya Kant in a recent hearing in EAS Sarma v. Union of India and others [W.P.(C) No. 1217/2025], flagged serious concerns over the misuse of the IBC, noting that insolvency processes are being manipulated to enable pre-planned auctions and..
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NCLAT Clarifies Limits of Section 238 IBC: Override Applies Only in Case of Direct Inconsistency
April 24, 2026 Communication Committee
The NCLAT in Sri Vibu Venkatsubramanian v. State Bank of India & Anr. Ujaas Energy Ltd. v. West Bengal Power Development Corporation Ltd., has clarified the scope and application of Section 238 of the Insolvency and Bankruptcy Code (IBC), reaffirming..