Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
Amendment In Application U/S 7 Of IBC Cannot Be Permitted If It Amounts To Withdrawal Of An Admission: NCLAT Chennai
The NCLAT ruled that substantial amendments to Section 7 applications can't be permitted if they alter the proceeding's fundamental nature, as this amounts to withdrawal of admission. The case involved a financial creditor seeking to completely change the debt basis after admission. The tribunal held such amendments undermine IBC's time-bound resolution mechanism and creditor confidence. This judgment prevents abuse of amendment provisions to prolong proceedings or change cases' character post-admission. While allowing clerical corrections, it draws a firm line against substantive changes that effectively reset the insolvency clock. The ruling brings certainty to insolvency timelines by preventing material modifications after admission orders are passed.