Topic
Failure to exercise due diligence bars amendment under Order VI Rule 17 CPC when parallel NCLT proceedings exist on share transfer legality. It bars using pleading amendments to sidestep ongoing tribunal litigation in family shareholding disputes.
Supreme Court holds that NCLT lacks jurisdiction to review Benami Act attachment orders; sovereign confiscation proceedings override IBC moratorium and liquidation estate claims.
Punjab & Haryana High Court holds that District Magistrates lack inherent power to assist insolvency professionals; NCLT is the exclusive adjudicating authority under IBC.
Bombay High Court holds that civil courts retain jurisdiction over share inheritance disputes involving fraud and title, excluding NCLT's exclusive domain under Companies Act, 2013.
Supreme Court holds that NCLT cannot adjudicate trademark title disputes under Section 60(5)(c) IBC when resolution plan recognizes rival claims and no application under Sections 43/45 was filed.