S&S
S & S Co.
Advocates & Solicitors
Bar Council of India: Notice

Important Disclaimer & Notice

As per the rules of the Bar Council of India, advocates are not permitted to solicit work or advertise in any manner. By proceeding, you acknowledge that you are seeking information relating to S & S Co. of your own accord and that there has been no solicitation, advertisement or inducement by S & S Co. or any of its members.

The content of this website is provided solely for informational purposes and should not be construed as legal advice. S & S Co. shall not be liable for any consequence of any action taken by the user relying on material provided herein.

Any information shared through this website does not create an attorney-client relationship. Transmission of information herein is not intended to constitute, nor does receipt thereof constitute, an attorney-client relationship.

The contents of this website are the intellectual property of S & S Co. No part constitutes legal advice. Readers are requested to seek formal legal counsel before acting upon any information contained herein.
About Practice Areas Locations Legal Updates Legal News Team Blog Search Contact Us
IBC & Insolvency · 2 September 2026

Section 7 Applications: Admission, Defences and the Limited Scope of the Inquiry

An explainer on the inquiry the adjudicating authority makes on a Section 7 application under the IBC, the role of listing delays, and settlement through Section 12A.

By S&S Co. Advocates & Solicitors · Published 2 September 2026 · Informational content, not legal advice

About this article: A general explainer prepared by S&S Co. Advocates & Solicitors on a recurring type of dispute. It does not report a specific judgment or order, names no parties and gives no case citation, so it should not be cited as authority. Law and practice change; please verify against the current statute and primary sources before relying on it.

On an application by a financial creditor under Section 7 of the Insolvency and Bankruptcy Code, 2016, the adjudicating authority must be satisfied that a default has occurred, that the application is complete and that there is no disciplinary proceeding pending against the proposed resolution professional. The Supreme Court, beginning with Innoventive Industries Ltd. v. ICICI Bank (2017), has treated the inquiry as confined to the existence of a financial debt and a default, without deciding disputed questions that belong to a civil court. Later decisions have also recognised that admission is not wholly automatic.

Delay in listing a case, which usually reflects the tribunal's workload, does not by itself give a corporate debtor an opportunity to widen its defences. Parties are expected to put their case in their pleadings, and fresh material introduced much later may not be accepted.

A settlement can be pursued at any stage. After admission, withdrawal is possible under Section 12A, with the approval of 90 per cent of the voting share of the committee of creditors. A settlement proposal that has not been concluded is not usually a ground to resist admission.

Newsletter

Fortnightly Legal Updates,
By Practice Area

A short digest of significant rulings, regulatory changes and practical guides across our practice areas, sent every two weeks. For general information only, not legal advice.

Get In Touch

Have a Question About
IBC & Insolvency?

Tell us about your situation, and we'll help you figure out the right next step.

Contact S&S Co. →

A full-service law firm headquartered in Noida, Delhi and Kolkata, providing commercial litigation, arbitration, corporate advisory and regulatory counsel across Delhi NCR, Kolkata and pan-India.

Practice

IBC & Insolvency Corporate Law & M&A All Practice Areas

Locations

Noida All Locations

Firm

Team Legal Updates Legal News Blog Newsletter Contact