Corporate Insolvency Law

Corporate Insolvency Law: Complete Notes

About this subject ▶ Watch this part of the lecture (00:00) Corporate Insolvency Law is studied in seven units: from what happens when a company cannot pay its debts to what happens when such a company has assets and creditors in many countries . Every bank loan to a business, every supplier sellin…

112 min read 16 Oct 2026

In Vidarbha Industries, the Supreme Court held that the old wording of Section 7(5) ("may admit") gave the N.C.L.T. a discretion over a financial creditor's application. Even after a proved default, the Tribunal could weigh factors such as the company's overall financial health and viability. The ruling caused great uncertainty. It was later confined to its own facts in M. Suresh Kumar Reddy v. Canara Bank, and the lecture says a 2026 amendment settled the point by statute, so it matters mainly as a historical stage in insolvency law.

The Supreme Court held that an operational creditor's insolvency application must be rejected if a real dispute about the debt existed before the demand notice. The dispute does not have to be pending in a suit or arbitration. The tribunal only checks whether there is a plausible contention that needs further investigation, not whether the defence will finally succeed. The case matters because it makes clear that the Code is not a recovery forum for genuinely disputed operational dues.