Can a third party take back goods from a company in CIRP? NCLT dismisses Ancile’s Claim to pharmaceutical goods
NCLT Mumbai found the Istisna and Wakala arrangement financial, and the claimed goods could not be found.
NCLT Mumbai found the Istisna and Wakala arrangement financial, and the claimed goods could not be found.
The Court examined the statutory time-limit for appeals, exclusion of time spent obtaining a certified copy, and the effect of delay in applying for the copy.
The Corporate Law Committee, Presidency School of Law, Presidency University, Bengaluru, in collaboration with the Institute of Company Secretaries of India (ICSI), Bengaluru Chapter, SCC Times and Headway DM LLP, is organising “Decoding Boardroom Dynamics 2.0”, a two-day National Boardroom Simulation and NCLT Trial Competition on 16 and 17 October 2026. The event seeks to bridge academic learning and professional practice through realistic simulations of corporate governance, boardroom decision-making and NCLT proceedings, while fostering participants’ strategic thinking, negotiation, advocacy, corporate decision-making and problem-solving skills.
A comprehensive roundup of the key commercial law developments in August 2026, featuring landmark judgments from the Supreme Court, High Courts, NCLAT and Foreign Courts, along with Regulatory Updates, Law Firm News, Expert Corner and Interviews.
The High Court held that in view of the alternative, efficacious statutory remedy under the SARFAESI Act, the writ petition was not maintainable and the question of law raised under the IBC was nothing but another desperate attempt to avoid steps being taken by the secured creditor under the SARFAESI Act.
The Supreme Court examined whether a writ petition challenging an NCLT order passed under the Insolvency and Bankruptcy Code, 2016 could be entertained when the Code provides a statutory right of appeal under Section 61, in the context of the judicial discipline governing exercise of writ jurisdiction.
NCLT observed that it is not endowed with the powers of jurisdiction or authority to analyse or evaluate the commercial decision of the CoC.
After an extensive career as an advocate and an equally extensive judicial career including the Supreme Court of India, Justice Ashok Bhushan took over as Chairman of NCLAT in 2021.
From recent IBC amendments to evolving merger control and competition law enforcement, the roundtable examined the legal and regulatory developments shaping India’s commercial landscape and their implications for businesses and investors.
Supreme Court held that reliance on non-existent, AI-generated or hallucinated judicial precedents vitiates adjudication, rendering the decision void in law and warranting its setting aside.
Commemorating a decade of the Insolvency and Bankruptcy Code, the Indian Institute of Corporate Affairs hosted a national conference on India’s restructuring ecosystem alongside the PGIP 6th Batch Convocation. The event featured discussions on cross-border insolvency, distressed assets, early-stage resolution, and the future of India’s insolvency framework.
SAM advised the Triveni Group on all aspects of the transaction until receipt of the final NCLT Order, including structuring the composite scheme, drafting and finalising the scheme, advising on regulatory considerations, and assisting with obtaining approvals from the stock exchanges/ SEBI and the NCLT.
“Once an order of liquidation is passed and a statutory liquidator is appointed, the assets of the corporate debtor are required to be dealt with in accordance with Section 53 IBC i.e. the “waterfall mechanism” and the dues are to be paid in the order of priority set out in the section. Section 238 IBC contains a non-obstante clause giving primacy to the mechanism for distribution of the assets of the corporate debtor in the manner prescribed under the IBC.”
The Tribunal dismissed the petition, recognising the existence of a pre-existing dispute and upholding the relevance of the arbitration clause in the contractual arrangement.
The Court noted that despite filing an appeal before the NCLAT, the petitioners filed the present writ petition challenging the demand notice issued by the Bank.
On Day 3 of the 4th Insolvency Law Academy Annual Conference, discussions centred on climate change and insolvency, institutional challenges facing economic law tribunals, the evolving turnaround framework, and contemporary insolvency scholarship.
Day 1 of the much-awaited 4th ILA Conference featured erudite addresses and insights from leading insolvency experts and distinguished dignitaries on insolvency law and policy, global trends in restructuring, the changing geopolitical landscape, and cinema as a lens and mirror for the economy.
Although the respondent acknowledged execution of works, instalments under the Vendor Settlement Agreement remained unpaid. With repeated acknowledgments of inability to pay and only the first tranche settled, default was established under Section 9 of the Insolvency and Bankruptcy Code, 2016.