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20 August 2026

SpiceJet insolvency proceedings

The topic involves the functioning of the National Company Law Tribunal (NCLT) and the application of the Insolvency and Bankruptcy Code (IBC), which are core components of India's regulatory and dispute redressal framework.

1 min read 1 questions 1 prelims

Notes

  • The National Company Law Tribunal (NCLT) permitted aircraft lessor Aviator ML 29641 Ltd. to withdraw its Section 9 IBC insolvency petition against SpiceJet.
  • The settlement involved an admitted debt of ₹58.64 crore, with an initial payment of $5,00,000 by SpiceJet.
  • The NCLT imposed a cost of ₹15 lakh (₹7.5 lakh each) on both parties to be paid to the Prime Minister’s National Relief Fund due to the last-minute nature of the settlement.
  • The withdrawal was permitted under Rule 8 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016.
  • The NCLT mandated an unconditional withdrawal, refusing to record settlement terms or grant liberty to revive proceedings upon breach.
  • The settlement resulted in the de-reserving of seven other pending insolvency petitions against SpiceJet, which must now be placed before a different bench.

Questions

  1. Discuss the role of the National Company Law Tribunal (NCLT) in balancing the interests of creditors and corporate debtors under the Insolvency and Bankruptcy Code (IBC). How does the judicial discretion to permit withdrawal of petitions impact the efficacy of the insolvency resolution process? 150 words
    Attempt this — 150 words in 8 min
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Prelims

  1. Under which rule of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016, can an applicant withdraw an insolvency petition before the NCLT?