Topic

resolution applicant

2 articlesLatest July 2026
IBC Section 30(5) | Financial Creditor as Resolution Applicant Permitted to Vote on Own Plan : NCLAT Overrules NCLT Conflict of Interest Bar
Case Law Analysis
|National Company Law Appellate Tribunal

IBC Section 30(5) | Financial Creditor as Resolution Applicant Permitted to Vote on Own Plan : NCLAT Overrules NCLT Conflict of Interest Bar

NCLAT clarifies that a financial creditor submitting a resolution plan under the IBC is not barred from voting on its own plan, rejecting the NCLT's conflict of interest rationale. The ruling reinforces the commercial wisdom of the Committee of Creditors (CoC) and expands the scope of eligible resolution applicants, impacting insolvency proceedings where creditors seek to revive distressed companies.

'As Is Where Is' Sale Terms Under IBC | NCLAT Bars Post-Auction Bid Enhancements Absent Fraud or Procedural Illegality : NCLAT
Case Law Analysis
|National Company Law Appellate Tribunal

'As Is Where Is' Sale Terms Under IBC | NCLAT Bars Post-Auction Bid Enhancements Absent Fraud or Procedural Illegality : NCLAT

NCLAT reinforces the finality of liquidation auctions under 'as is where is' terms, holding that bidders cannot challenge confirmed sales through post-bid enhancements unless fraud or procedural violations are proven. The ruling protects auction integrity and prevents last-minute bid manipulations, ensuring certainty for liquidators and successful resolution applicants under the Insolvency and Bankruptcy Code.

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