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24/08/2026

High Court-Himachal Pradesh:
Whether, in revision against concurrent conviction under Section 138 of the Negotiable Instruments Act, the High Court can interfere when issuance and signatures on the cheque are admitted and the accused fails to raise a probable defence to rebut the presumptions under Sections 118 and 139 of the Act?

Negotiable Instruments Act, Sections 138, 118 and 139; Code of Criminal Procedure, 1973, Sections 313 and 397 – conviction for dishonour of cheque – rebuttal of statutory presumption – scope of revision. Held that where the accused did not dispute issuance of the cheque or his signatures thereon, the presumptions under Sections 118 and 139 were rightly invoked in favour of the complainant. The Court held that such presumption is...

Citation: (2026) ibclaw.in 4381 HC

Read More: https://ibclaw.in/om-prakash-vs-sant-ram-himachal-pradesh-high-court/

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24/08/2026

High Court-Himachal Pradesh:
Whether concurrent findings convicting the drawer under Section 138 of the Negotiable Instruments Act can be interfered with in revision when ex*****on of the cheque is admitted, the defence of security cheque is found improbable, and the cheque was dishonoured with the endorsement "account closed"?

Negotiable Instruments Act, 1881 – Sections 118(a), 138, 139, 146; Code of Criminal Procedure, 1973 – Section 397 – Revision against concurrent conviction under Section 138 on plea that cheque was a security cheque and that account had been closed prior to issuance. Held that once issuance of the cheque and signatures thereon were not disputed, statutory presumptions under Sections 118(a) and 139 arose in favour of the complainant, and...

Citation: (2026) ibclaw.in 4085 HC

Read More: https://ibclaw.in/gian-chand-vs-tej-ram-and-anr-himachal-pradesh-high-court/

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24/08/2026

High Court-Madras:
Whether a conviction under Section 138 of the Negotiable Instruments Act, after confirmation in appeal, can be nullified in revision on the basis of a subsequent compromise between the parties under Section 147 of the Act?

Negotiable Instruments Act, Sections 138 and 147; Bharatiya Nagarik Suraksha Sanhita, 2023, Section 359 — revision against concurrent conviction for cheque dishonour — parties having entered into compromise during pendency of revision and complainant having acknowledged receipt of the entire settlement amount and stated that no further claim survived, the question was whether the conviction confirmed in appeal could still be nullified on compounding. Held that Section 147 provides that...

Citation: (2026) ibclaw.in 4273 HC

Read More: https://ibclaw.in/a-chandran-vs-c-murugesan-madras-high-court/

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24/08/2026

DRT-Nagpur:
Whether physical possession under Section 14 of the SARFAESI Act could be sustained against Shop No. 1 purchased under a bank-issued NOC when the purchaser was not made a party and CERSAI registration was relied on as having been made after the Magistrate’s order?

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 – Sections 13(2), 13(4), 14, 17, 26-D; Security Interest (Enforcement) Rules – Rule 8(1), Rule 8(2); Maharashtra Co-operative Societies Act, 1960 – Section 101 – challenge to SARFAESI possession of a shop purchased from the borrower-developer after issuance of bank NOC – applicant contended that the entire sale consideration had been paid and that he was not...

Citation: (2026) ibclaw.in 634 DRT

Read More: https://ibclaw.in/pukhraj-vs-yavatmal-urban-co-operative-bank-ltd-and-anr-drt-nagpur/

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24/08/2026

DRT-Chennai:
Whether the Debts Recovery Tribunal has jurisdiction to condone delay in filing an application under Section 17(1) of the SARFAESI Act beyond the prescribed period of forty-five days?

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17(1); Limitation Act, 1963, Section 5 – Application sought condonation of delay of 820 days in filing SA against e-auction sale dated 30.12.2022 and sale certificate dated 06.03.2025. Held that Section 17(1) prescribes a limitation period of 45 days from the date of the measure and proceedings under Section 17 are original in nature; there is...

Citation: (2026) ibclaw.in 653 DRT

Read More: https://ibclaw.in/araa-leathers-and-ors-vs-authorised-officer-indian-overseas-bank-and-ors-drt-chennai/

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24/08/2026

DRT-Cuttack:
Whether a securitisation application under Section 17(1) of the SARFAESI Act is maintainable to challenge a physical possession notice where possession was in fact taken pursuant to the Recovery Officer’s order under the RDDB & FI Act, 1993 and not under the SARFAESI Act?

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 – Sections 13(2), 13(4), 17(1); Recovery of Debts Due to Banks and Financial Institutions Act, 1993 – Section 30. Applicants sought to quash a physical possession notice dated 16.09.2025, alleging that the mortgaged property was ancestral joint family property and that, as coparceners, they had not been given notice. Held that the record showed service of notices...

Citation: (2026) ibclaw.in 638 DRT

Read More: https://ibclaw.in/nityaranjan-nayak-and-anr-vs-branch-manager-uco-bank-and-ors-drt-cuttack/

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24/08/2026

NCLT-Principal Bench:
Whether an individual allottee, after filing a belated claim, can compel the Resolution Professional to disclose another allottee’s claim documents and verification details in the absence of a Committee of Creditors decision under Section 21(9) of the Insolvency and Bankruptcy Code, 2016?

Insolvency and Bankruptcy Code, 2016 – Section 21, Section 21(9); Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 – Regulation 8A, Regulation 13(2), Regulation 16A. An allottee whose claim was filed after CoC approval of the resolution plan sought disclosure from the RP of another allottee’s sub-lease agreement, payment proof, Form CA and admission details in relation to the same unit. Held that the...

Citation: (2026) ibclaw.in 2804 NCLT

Bench: Mr. Justice (Retd.) Anupinder Singh Grewal (President) and Mr. Ravindra Chaturvedi (Technical Member)

Read More: https://ibclaw.in/dr-o-p-yadava-vs-devendra-umrao-and-ors-nclt-principal-bench/

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24/08/2026

NCLT-Mumbai Bench:
Whether a resolution plan providing deferred non-cash consideration to the sole secured financial creditor, future recoveries to accrue as and when realised, and a Transfer Date within 60 days of approval subject only to stay orders, satisfies Sections 30(2), 30(6) and 31 of the Insolvency and Bankruptcy Code, 2016 for approval?

Insolvency and Bankruptcy Code, 2016 – Sections 29A, 30(2), 30(6), 31, 32A, 66, 74; IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 – Regulations 38 and 39(4) – Application for approval of CoC-approved resolution plan – sole CoC member approved plan with 100% voting share – plan provided for secured financial creditor to receive up to 1,00,000 sq. ft. constructed free-sale area as deferred consideration, with outer delivery timeline...

Citation: (2026) ibclaw.in 2782 NCLT

Bench: Ms. Lakshmi Gurung (Judicial Member) and Shri Hariharan Neelakanta Iyer (Technical Member)

Read More: https://ibclaw.in/aegis-resolution-services-pvt-ltd-rp-of-radius-deserve-land-developers-pvt-ltd-nclt-mumbai-bench/

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24/08/2026

NCLT-Bengaluru Bench:
Whether, for a continuing and on-demand personal guarantee under Section 95 of the Insolvency and Bankruptcy Code, 2016, limitation against the personal guarantor runs from invocation of the guarantee and whether acknowledgment by the corporate debtor binds the personal guarantor for limitation purposes?

Insolvency and Bankruptcy Code, 2016 – Sections 95(1), 99, 100, 101; Limitation Act, 1963 – Section 18; Insolvency and Bankruptcy (Application to the Adjudicating Authority for Insolvency Resolution Process for Personal Guarantors to Corporate Debtors) Rules, 2019 – Rules 3(e), 7(1), 9 – Application under Section 95 against personal guarantor was opposed on the grounds of limitation and incompleteness, and RP also sought condonation of delay in filing report. Held...

Citation: (2026) ibclaw.in 2976 NCLT

Bench: Shri Sunil Kumar Aggarwal (Judicial Member) and Shri Radhakrishna Sreepada (Technical Member)

Read More: https://ibclaw.in/anil-kashi-drolia-rp-of-m-divya-ravi-nclt-bengaluru-bench/

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24/08/2026

NCLT-Allahabad Bench:
Whether, where the Committee of Creditors does not fix or ratify the Interim Resolution Professional’s fee, the Adjudicating Authority can determine the remuneration under Regulations 33(2) and 33(3) of the CIRP Regulations, 2016 and direct the Section 9 applicant to bear it?

Insolvency and Bankruptcy Code, 2016, Sections 9, 15 and 60(5); IBBI (Corporate Insolvency Resolution Process) Regulations, 2016, Regulations 33(2) and 33(3) with Explanation – issue was whether, after the sole CoC member rejected approval of CIRP expenses and the IRP’s remuneration, the Adjudicating Authority could fix the IRP’s fee and determine who should bear it. Held that once the CoC did not approve or ratify the IRP’s fee, its determination...

Citation: (2026) ibclaw.in 2987 NCLT

Bench: Shri Praveen Gupta (Judicial Member) and Shri Ashish Verma (Technical Member)

Read More: https://ibclaw.in/kashi-viswanathan-sivaraman-rp-vs-faster-hydraulics-pvt-ltd-and-anr-nclt-allahabad-bench/

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