Tag: IBC 2016

When Recall Becomes a Door to Delay: Procedural Abuse and Finality in Insolvency Adjudication: Part 2

Post author By nualslj
Post date March 15, 2026
No Comments on When Recall Becomes a Door to Delay: Procedural Abuse and Finality in Insolvency Adjudication: Part 2

Shivangi Nawalkha & Shreshtha Saha Ray In Part I, we examined how recall jurisdiction, though conceived as a narrow corrective safeguard, has increasingly been deployed as a strategic instrument of delay in insolvency proceedings. Part II builds on that diagnosis by examining the jurisprudential boundaries of recall and articulating a principled reform framework. Case Studies […]

Tags business, corporate insolvency resolution process, finance, IBC 2016, Insolvency, law, NCLAT, NCLT, Procedural Abuse in Insolvency, Recall Jurisdiction, Resolution Plan Finality

Insolvency

When Recall Becomes a Door to Delay: Procedural Abuse and Finality in Insolvency Adjudication: Part 1

Post author By nualslj
Post date March 15, 2026
No Comments on When Recall Becomes a Door to Delay: Procedural Abuse and Finality in Insolvency Adjudication: Part 1

Shivangi Nawalkha & Shreshtha Saha Ray Introduction The power of the National Company Law Tribunal’s (“NCLT”) and National Company Law Appellate Tribunal’s (“NCLAT”) power to recall their own orders is a blunt yet indispensable judicial instrument. It operates as a corrective safeguard to prevent the miscarriage of justice, to nullify orders procured by fraud or […]

Tags business, corporate insolvency resolution process, finance, IBC 2016, Insolvency, Insolvency Litigation Strategy, law, NCLAT, NCLT, news, Procedural Abuse, Recall Jurisdiction, Resolution Plan Implementation