Topic

CIRP withdrawal

2 articlesLatest September 2026
Section 12A IBC | Procedural Non-Compliance Overridden to Permit CIRP Withdrawal After Full Creditor Settlement : NCLAT
Case Law Analysis
|National Company Law Appellate Tribunal

Section 12A IBC | Procedural Non-Compliance Overridden to Permit CIRP Withdrawal After Full Creditor Settlement : NCLAT

The tribunal held that where the sole financial creditor is paid in full and the operational creditor accepts enhanced settlement, leaving only CIRP costs unresolved, withdrawal under Section 12A is permissible despite procedural non-compliance with Regulation 30A. The ruling prioritizes commercial resolution over technical defaults, allowing corporate debtors to exit insolvency once all substantive claims are satisfied.

Natural Justice in CIRP Withdrawal | IRP and Objecting Creditors Must Be Heard, Not Suspended Directors or Unrepresented Creditors : Bombay HC
Case Law Analysis
|Bombay High Court

Natural Justice in CIRP Withdrawal | IRP and Objecting Creditors Must Be Heard, Not Suspended Directors or Unrepresented Creditors : Bombay HC

Bombay HC rules that principles of natural justice in Corporate Insolvency Resolution Process (CIRP) withdrawal applications are satisfied by hearing the Interim Resolution Professional (IRP) and objecting financial creditors, excluding suspended directors or unrepresented creditors. The ruling clarifies the scope of audi alteram partem in IBC proceedings, impacting creditor participation rights.