Share on LinkedInShare on LinkedIn

ARTICLE · 19 NOVEMBER 2025

Insolvency & Bankruptcy Code Updates (October 2025)

Hammurabi & Solomon Partners
Hammurabi & Solomon Partners
Contributor
Hammurabi & Solomon Partners

Hammurabi & Solomon Partners

With over 100 members in India, Hammurabi & Solomon Partners (H&SP) is the pioneer in the realm of...

View firm profile
Explore more from Hammurabi & Solomon Partners

Here are some significant rulings covering Insolvency & Bankruptcy Code in October 2025. Our team brings you a curated monthly roundup of key judgments and emerging trends featuring India's Insolvency & Bankruptcy regime.

IndiaInsolvency/Bankruptcy/Re-Structuring
Hammurabi & Solomon
Hammurabi & Solomon

JUDGMENTS

1. Possession over Refund: Supreme Court's Interpretation of Homebuyers' Claims under IBC

Case Title: Amit Nehra & Anr. Vs. Pawan Kumar Garg (click here)
Citation: CIVIL APPEAL NO. 4296 OF 2025
Court: Supreme Court
Decided on: 09.09.2025

FACTS

Appellants in this case approached the Supreme Court u/s 62 of the IBC Act, 2016 challenging the decision of NCLAT, New Delhi. Appellants deposited significant amount for the possession of their flat which was being constructed in Mohali, Punjab. The corporate debtor had the duty to hand over the possession of the flats on 27.11.2013 but failed to do so, resulting in Appellants initiating proceedings in SCDRC seeking refund along with interest and compensation.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

The IBC Amendment Act, 2026: Reshaping Real Estate Insolvency

The Insolvency and Bankruptcy Code (Amendment) Act, 2026 (‘Amendment Act’), which amends the Insolvency and Bankruptcy Code, 2016 (‘Code’), received Presidential assent on April 6, 2026. Most amendments took effect on May 26, 2026. However, three significant mechanisms the accelerated admission deadline, creditor-initiated resolution, and group insolvency have been enacted but have not yet come into force and will take effect only upon the issuance of a commencement notification by the Central Government under the applicable provisions of the Code.
IndiaInsolvency/Bankruptcy/Re-Structuring
Shardul Amarchand Mangaldas & Co
Shardul Amarchand Mangaldas & Co
Article

The Insolvency And Bankruptcy Code (Amendment) Act, 2026

India's Insolvency and Bankruptcy Code undergoes significant reform through the 2026 Amendment Act, introducing stricter timelines, enhanced creditor oversight, and frameworks for group and cross-border insolvency. The amendments address persistent challenges in resolution efficiency, withdrawal restrictions, and fraudulent transaction scrutiny while aligning with international best practices to strengthen investor confidence.
IndiaInsolvency/Bankruptcy/Re-Structuring
Mansukhlal Hiralal & Company
Mansukhlal Hiralal & Company
Article

IBC Update - Removal Of Interim Moratorium For Personal Guarantors Apples To Pending Proceedings

The Bombay High Court recently addressed a critical question regarding the temporal application of Section 96(4) of the Insolvency and Bankruptcy Code, which removed the interim moratorium protection for personal guarantors of corporate debtors. The ruling clarifies whether this amendment applies only to fresh applications filed after its enactment or extends to insolvency proceedings that were already pending when the law changed. This decision has significant implications for creditors seeking to pursue p
IndiaInsolvency/Bankruptcy/Re-Structuring
Mansukhlal Hiralal & Company
Mansukhlal Hiralal & Company
Article

The End Of The “Settlement Exit”? — The Stricter Section 12A Regime Post-2026 Amendment

For nearly eight years, the Insolvency and Bankruptcy Code, 2016 (IBC) carried within it a quiet contradiction. On the one hand, it was designed to be a serious, time-bound, collective resolution mechanism and a creditor-driven process. On the other hand, it contained Section 12A, a provision that became one of the most strategically exploited exits in Indian commercial law.
IndiaInsolvency/Bankruptcy/Re-Structuring
Foresight Law Offices
Foresight Law Offices
Article

From Consent To Accountability: Japan’s 2026 APPI Amendment Bill And The New Data Strategy For AI-Driven Businesses

AI regulation does not always arrive in the form of a dedicated AI statute. More often, it enters through privacy law. On April 7, 2026, the Japanese Cabinet approved a bill to amend Japan’s Act on the Protection of Personal Information (“APPI”). The Diet passed the amendment on July 10, 2026, and it was promulgated on July 17, 2026 as Act No. 56 of 2026; the amendment is now enacted but not yet in force, with its main provisions taking effect on a date to be fixed by Cabinet order no later than mid-2028.
IndiaPrivacy
Hammurabi & Solomon Partners
Hammurabi & Solomon Partners
Article

Telegram Ban In India – The Rise Of Digital Sovereignty

The Delhi High Court's landmark ruling in Telegram FZ LLC v. Union of India addresses whether Section 69A of the IT Act permits the government to block an entire platform rather than specific content. Following the NEET-UG 2026 paper leak scandal, where fraudulent channels circulated fake exam papers affecting millions of aspirants, the court upheld the Centre's power to impose a platform-wide ban on Telegram, sparking intense debate about the boundaries between examination integrity and digital censorship.
IndiaMedia, Telecoms, IT, Entertainment
Hammurabi & Solomon Partners
Hammurabi & Solomon Partners
Article

Consumer Law Updates

The Supreme Court has delivered a pivotal judgment on banking liability under consumer protection law, examining whether banks can be held liable for deficiency in service when they fail to present deposited cheques within their validity period. This case arose from civil appeals filed by Canara Bank challenging the National Consumer Disputes Redressal Commission's ruling that found the bank guilty of service deficiency.
IndiaConsumer Protection
Hammurabi & Solomon Partners
Hammurabi & Solomon Partners
Article

The Law Of Informational Privacy And The Right To Be Forgotten

The digital age has transformed how personal information persists online, creating lasting associations between individuals and past events that would have once faded from public memory. When judicial records, news articles, and other content remain permanently searchable, they can continue to affect lives long after cases are resolved or circumstances have changed. This raises fundamental questions about whether Indian constitutional law recognizes a right to be forgotten and how courts should balance indi
GlobalPrivacy
Hammurabi & Solomon Partners
Hammurabi & Solomon Partners