Time-line for submission of report by the Resolution Professional under Personal Guarantor Insolvency provisions – Surendra B. Jiwrajka Vs. Omkara Assets Reconstruction Pvt. Ltd. – Bombay High Court

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Promoters cannot avail the benefits of Section 32A of IBC being persons in default under Section 32A read with Section 2(60) of the Companies Act, 2013 – Suresh Kumar Patni & Ors. Vs. State Bank of India, Industrial Finance Branch & Anr. – High Court of Calcutta

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The writ petition under Article 226 against an order of the NCLT is not maintainable – Ideal Surgicals Vs. National Company Law Tribunal – High Court of Kerala

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Statutory dues under Motor Vehicles Act in respect of the vehicles, under auction during liquidation can only be recovered under the provisions of the Code and not from the auction purchasers – East India Enterprise Thro Proprietor Rajeshbhai Bholabhai Ramani Vs. Ministry of Finance Department of Revenue Through The Director – Gujarat High Court

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A wilful defaulter proceeding does not come within the contemplation of Section 14 of the IBC & the declaration of a whole-time director/promoter or a guarantor as wilful defaulter cannot adversely affect the resolution process – Gouri Prasad Goenka Vs. State Bank of India – High Court of Calcutta

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If the departments of Central or State Governments do not file an application or participate in the Resolution Process, their claims automatically get extinguished – Union of India Vs. Ruchi Soya Industries Ltd. – High Court of Karnataka

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The provisions of the IBC is having overriding effect over other laws and the same would prevail in view of Section 238 of the Code – M/s. Dreams Infra India Pvt. Ltd. Vs. The Competent Authority Dreamz Infra India Pvt. Ltd. – Karnataka High Court

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