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…
Technical objections like insufficient stamp duty cannot defeat insolvency proceedings when debt and default proven: NCLAT
Update / Judgement Date
17 Nov 2025
Source
Author
Sakshi Bhardwaj — WCP Legal Desk
Reading Time
1 min read
The NCLAT clarified that technical objections, such as alleged insufficient stamp duty on debt instruments, cannot block insolvency proceedings if debt and default are proven. The tribunal emphasised substance-over-form and directed adjudicating authorities to focus on material facts rather than procedural technicalities. The ruling is significant for creditors and resolution professionals, reducing the scope of dilatory tactics by debtors. Legal strategy under IBC should prioritise clear evidence of debt and default to ensure timely initiation and successful progression of insolvency proceedings, setting a precedent for handling procedural objections in CIRP.