Corporate Law - Whether a Trade Union Become an Operational Creditor Under The Insolvency and Bankruptcy Code (IBC) An operational creditor is defined under Section 5(20) of the IBC to mean “any person to whom an operational debt is owed and includes any person to whom such debt has been legally assigned or transferred“. In order to ascertain...
Read MoreCorporate Law - Almost two years and a half have passed and the The Insolvency and Bankruptcy Code, 2016 (IBC) has shown that the legislature wants no stone unturned to resolve the debt stuck in the NPA. It is also interesting to note that the progress has been stupendous. But, the protagonist of the show ‘Insolvency Professional ’(IP)has […]...
Read MoreCorporate Law - Changing Positions of ‘Home-Buyers’ Under Insolvency and Bankruptcy Code, 2016: Marred with Uncertainty A Glance At The Predicament Of Real-Estate Sector Delay in completion of under-construction apartments has become a common phenomenon in contemporary India. The records indicate that out of 782 construction projects in India...
Read MoreCorporate Law - In terms of Regulation 37(c) of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process For Corporate Persons) Regulations, 2016, a resolution plan shall provide for the measures, as may be necessary, for insolvency resolution of the corporate debtor for maximization of value of its assets, including but not limited to...
Read MoreCorporate Law - Role of Operational Creditor in Corporate Insolvency Resolution Process under the Insolvency and Bankruptcy Code, 2016– Article explains Who is an operational creditor, Application under Section 8 & 9., Appointing Insolvency Resolution Professional under Section 16, Procedure following Appointment, Right to Representation, Right...
Read MoreCorporate Law - Insolvency Professionals to act as Interim Resolution Professionals and Liquidators (Recommendation) Guidelines, 2019 14th May, 2019 Provisions in the Insolvency and Bankruptcy Code, 2016 Section 16(3)(a) of the Insolvency and Bankruptcy Code, 2016 (Code) requires the Adjudicating Authority (AA) to make a reference to the Insolvency and ...
Read MoreCorporate Law - Insolvency and Bankruptcy Board of India 12th May, 2019 Discussion Paper Amendments to the Insolvency and Bankruptcy Board of India (Insolvency Professionals) Regulations, 2016. The Insolvency and Bankruptcy Code, 2016 (Code) provides for a class of regulated professionals, namely, Insolvency Professionals (IP), who constitute one of the...
Read MoreCorporate Law - IBBI Discussion Paper on Amendments to (i) the Insolvency and Bankruptcy Board of India (Information Utilities) Regulations, 2017; and (ii) the Insolvency and Bankruptcy Board of India (Model Bye-Laws and Governing Board of Insolvency Professional Agencies) Regulations, 2016....
Read MoreCorporate Law - Discussion Paper on Corporate Insolvency Resolution Process along with Draft RegulationsThis discussion paper assimilates the suggestions received on public portal, suggestions by mail /letters, suggestions received in round tables and the emerging jurisprudence....
Read MoreCorporate Law - Invitation of Public Comments on the draft Insolvency and Bankruptcy (Application to Adjudicating Authority for Bankruptcy Process for Personal Guarantors to Corporate Debtors), Rules, 2019. Government of India Ministry of Corporate Affairs File No. 30/21/2018- Insolvency Section Dated: 8th May, 2019 Invitation of Public Comments on the d...
Read MoreAlchemist Asset Reconstruction Co. Ltd. Vs. Moser Baer India Limited (NCLT Delhi, Principal Bench) - Alchemist Asset Reconstruction Co. Ltd. Vs. Moser Baer India Limited (NCLT Delhi, Principal Bench) Under Section 36(4) (a) (III), the expression ‘liquidation estate’ has been defined and it is clarified that all sums due to any workman or employee from the provident fund, pension fund an...
Read MoreDharani Sugars And Chemicals Ltd. Vs Union of India & Ors. (Supreme Court of India) - Hon'ble Supreme Court held that RBI Circular directing bank to take recourse to Insolvency and Bankruptcy Code (IBC) is ultra vires to Section 35AA of the Banking Regulation Act....
Read MoreGaurav Pandey Vs Eternity Investment Services Pvt. Ltd. & Anr. (National Company Law Appellate Tribunal) - Gaurav Pandey Vs Eternity Investment Services Pvt. Ltd. & Anr. (National Company Law Appellate Tribunal, Delhi) 30.11.2018 On 16th November, 2018 when the matter was taken up, the following order was passed : “Apart from other issues raised in the appeal it is contended by learned senior coun...
Read MorePr. Director General of Income Tax Vs M/s. Synergies Dooray Automotive Ltd. & Ors. (NCLAT, Delhi) - Pr. DGIT Vs M/s. Synergies Dooray Automotive Ltd. & Ors. (NCLAT, Delhi) ‘Operational Debt’ in normal course means a debt arising during the operation of the Company (‘Corporate Debtor’). The ‘goods’ and ‘services’ including employment are required to keep the Company (‘Corporat...
Read MoreSwiss Ribbons Pvt. Ltd. vs UOI (Supreme Court) - Insolvency & Bankruptcy Code 2016 paves way for a consolidated and un-bifurcated exhaustive law for insolvencies and bankruptcies applicable to corporate persons, firms and individuals. ...
Read MorePress Release No. IBBI/PR/2019/16 - (09/06/2019) - Hon’ble Mr. Justice M. M. Kumar, President, National Company Law Tribunal (NCLT) released a publication titled ‘Understanding the Insolvency and Bankruptcy Code, 2016: Analysing developments in jurisprudence’, jointly prepared by the Insolvency and Bankruptcy Board of India and Vidhi Centre fo...
Read MoreAs per regulation 5 (c) (iii) of the Regulations, an individual is eligible for registration as an IP, if he has fifteen years of experience in management, after receiving a bachelor’s degree from a university established or recognised by law. After seeking and considering the details of employmen...
Read MoreNo. IBBI/IP/021/2019 - (02/05/2019) - Temporary surrender of professional membership creates inconveniences where the IP is:(a) conducting a process - corporate insolvency resolution, corporate liquidation, individual insolvency resolution and individual bankruptcy - under the Code;(b) is acting as an authorised representative represent...
Read MoreNo. IBBI/PR/2019/10 - (20/04/2019) - Insolvency and Bankruptcy Board of India (IBBI) invites comments from public on the Regulations notified under the Insolvency and Bankruptcy Code, 2016 (IBC, 2016)....
Read MoreOrder No. IBBI/DC/16/2019 - (17/04/2019) - (i) The registration of Mr. Sanjay Ruia as an Insolvency Professional, having Registration No. IBBI/IPA-00 1/IP-P00353/20 17-2018/10654, shall be suspended for two years; (ii) Ruia shall not seek or accept any process or assignment or render any services under the Code during the period of suspensio...
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Press Release No. IBBI/PR/2019/16 - (09/06/2019) -
Alchemist Asset Reconstruction Co. Ltd. Vs. Moser Baer India Limited (NCLT Delhi, Principal Bench) -