Top 10 IBC Judgments – Dec 2025 | LegalWiki
Key Supreme Court and High Court Rulings in IBC Law
In December 2025, the Supreme Court and various High Courts across India delivered important judgments shaping the landscape of IBC law. These decisions addressed issues such as Liquidation, Insolvency Plea, cheque dishonour and liquidation.
Supreme Court Flags Alleged Use of AI-Generated Fake Case Laws in Gstaad Hotels Insolvency Appeal
The Supreme Court has agreed to examine allegations that artificial intelligence tools generated fictitious legal precedents that were subsequently cited in court pleadings. Read more.
NCLT Bengaluru Prioritizes IBC Over Third Party Claims On Attached Assets In Liquidation
The National Company Law Tribunal (NCLT), Bengaluru bench, has ruled that liquidators must recover corporate assets even if they have been attached or seized by third parties, emphasizing that such attachments cannot override the Insolvency and Bankruptcy Code (IBC). Read more.
NCLT Mumbai Rules Pending Cheque-Bounce Case Does Not Bar Insolvency Plea
The National Company Law Tribunal (NCLT), Mumbai, held that the pendency of a cheque-bounce case under the Negotiable Instruments Act does not bar the initiation of insolvency proceedings. Read more.
Madhya Pradesh High Court: DRT Cannot Restrict or Condition Foreign Travel
The Madhya Pradesh High Court has held that the Debt Recovery Tribunal has no power to restrict a person’s right to travel abroad, nor can it impose conditions for such travel. Read more.
NCLAT: Only CoC Can Appoint Liquidator; NCLT Can Replace RP
The NCLAT held that only the Committee of Creditors has the authority to appoint a liquidator when the Resolution Professional does not agree to continue, and that the NCLT cannot appoint a liquidator of its own choice. Read more.
NCLT Mumbai: Damages for Contractual Breach Cannot Be a Ground to Initiate Insolvency
The NCLT Mumbai has held that claims based on liquidated or unliquidated damages arising from contractual breaches cannot be used to initiate insolvency proceedings. Read more.
Bombay High Court: SARFAESI Sale Invalid If Sale Certificate Not Issued Before IBC Moratorium
The Bombay High Court has held that a SARFAESI auction sale is incomplete if an interim moratorium under Section 96 IBC begins before the sale certificate is issued. Read more.
Supreme Court Invokes Article 142 to Ensure Completion of Supertech Supernova Project
The Supreme Court invoked its extraordinary powers under Article 142 to ensure the completion of Supertech’s stalled Supernova project in Noida. Read more.
Cheque Dishonour Not an Offence if Account Blocked Due to Insolvency: Delhi High Court
The Delhi High Court held that dishonour of a cheque does not constitute an offence under Section 138 of the Negotiable Instruments Act when the drawer’s bank account is blocked due to insolvency proceedings. Read more.
Calcutta High Court: Writ Plea Cannot Halt Personal Insolvency Proceedings Under IBC
The Calcutta High Court held that a writ petition cannot be used to stop personal insolvency proceedings under Section 95 of the IBC, since the Code provides a complete statutory mechanism with appellate remedies. Read more.
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