IBCArticle·23 December 2025
IBC doesn’t rewrite a contract
By JustIDT
Executive Summary
Liquidation under the Insolvency and Bankruptcy Code is often mistaken for a fast-track recovery mechanism. In practice, however, insolvency jurisdiction has clear doctrinal limits, especially when recovery claims arise from disputed contractual relationships. The NCLAT’s decision in Pooja Bahry (Liquidator of Dev Denso Power Ltd.) v. UPRNNL & Anr. draws a firm line between value maximisation and jurisdictional overreach, reiterating that the IBC cannot be used to bypass arbitration or civil adjudication. This ruling serves as a timely reminder that insolvency may change the forum, but it does not rewrite the contract. J the app takes a look.
Recovery of Contractual Receivables during Liquidation: Jurisdictional Limits of Section 60(5) IBC; An Analysis of NCLAT in Pooja Bahry (Liquidator of...
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