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Empowering CoC: Irrevocable Decision to Liquidate Under Section 33(2) of IBC

Corporate Law : NCLAT held that the CoC may decide to liquidate a corporate debtor under Section 33(2) before inviting resolution plans, with limi...

June 30, 2026 198 Views 0 comment Print

Sovereignty of Commercial Wisdom: Balancing Creditor Autonomy & Judicial Oversight under IBC

Corporate Law : This article explains why the Insolvency and Bankruptcy Code places commercial decision-making in the hands of the Committee of Cr...

June 25, 2026 303 Views 0 comment Print

Section 66 IBC Expanded as NCLAT Recognised Third-Party Liability

Corporate Law : The article explains how the NCLAT interpreted Section 66(1) to extend liability beyond company insiders to third parties who know...

June 19, 2026 408 Views 0 comment Print

Homebuyers as Financial Creditor: Genuine Homebuyer V. Speculative Investor

Corporate Law : The Supreme Court held that individuals investing for financial returns rather than home ownership cannot invoke Section 7 of the ...

June 8, 2026 381 Views 0 comment Print

Calcutta HC Bars Shifting of Registered Office If IBC Appeal Pending

Corporate Law : The High Court held that a company cannot shift its registered office after approval of a resolution plan when appeals against the...

June 8, 2026 264 Views 0 comment Print


Latest News


IBBI proposes amendments to CIRP, Liquidation & Personal Guarantor Regulations

Corporate Law : IBBI has proposed amendments to CIRP, Liquidation, and Personal Guarantor Regulations to improve valuation, clarify RP duties, sim...

July 3, 2026 342 Views 0 comment Print

IBBI Proposes Real Estate CIRP Reforms for Stronger Protection for Homebuyers

Corporate Law : The proposed amendments require comprehensive project-wise disclosures, technical assessments, and mandatory information in resolu...

July 2, 2026 186 Views 0 comment Print

IBBI Invites Applications for Research Associates & Consultants

Corporate Law : The IBBI has announced contractual vacancies for Research Associates and Consultants in law and business management disciplines. T...

May 26, 2026 549 Views 0 comment Print

IBBI Issues 2026 Guidelines for Insolvency Professional Appointments

Corporate Law : 2026 Guidelines streamline selection of Insolvency Professionals for IRP, RP, Liquidator, and Bankruptcy Trustee roles, ensuring t...

May 19, 2026 2514 Views 1 comment Print

IBBI Proposes Amendments to IBBI (Liquidation Process) Regulations, 2016

Corporate Law : The amendments replace the consultation committee with CoC oversight, giving creditors greater control over liquidation decisions....

April 17, 2026 495 Views 0 comment Print


Latest Judiciary


Section 11 MOFA Deemed Conveyance Not Barred by Section 14 IBC Moratorium: Bombay HC

Corporate Law : Bombay HC held that Section 14 IBC moratorium does not prevent deemed conveyance under Section 11 MOFA and restored the society's ...

July 5, 2026 258 Views 0 comment Print

Additional Objections Permissible in Section 7 IBC Proceedings: Kerala HC

Company Law : Kerala HC held Rule 55 empowers NCLT to accept additional pleadings, setting aside refusal to entertain further objections in a Se...

July 4, 2026 90 Views 0 comment Print

Factoring of Trade Receivables Does Not Convert Operational Debt into Financial Debt: NCLAT Delhi

Corporate Law : NCLAT held that invoice discounting through the TReDS platform does not convert operational debt into financial debt. The appeal w...

July 4, 2026 126 Views 0 comment Print

Pending Winding-Up Proceedings Do Not Bar Independent Section 7 IBC Application Unless Irreversible Stage Is Reached: SC

Corporate Law : Supreme Court held that a Section 7 IBC application can proceed despite pending winding-up proceedings where no irreversible stage...

July 3, 2026 90 Views 0 comment Print

NCLT Admits Insolvency Petition Because No Genuine Pre-Existing Dispute Was Established

Corporate Law : NCLT admitted the Section 9 petition after holding that campaign-related emails did not constitute a genuine pre-existing dispute....

July 3, 2026 123 Views 0 comment Print


Latest Notifications


IBBI CPIO Advised to Follow RTI Timelines as Response Was Delayed Beyond 30 Days

Corporate Law : The IBBI First Appellate Authority held that although the CPIO failed to respond within the statutory 30-day period under the RTI ...

July 6, 2026 51 Views 0 comment Print

IBBI Cancels IP Registration for Systemic CIRP Misuse & Due Diligence Failures

Corporate Law : IBBI cancelled an IP’s registration over systemic CIRP misuse, flawed valuations, non-disclosures, compliance failures and lack ...

July 4, 2026 306 Views 0 comment Print

IBBI publishes syllabus for Phase 10 of Limited Insolvency Examination

Corporate Law : IBBI has released the Phase 10 syllabus for the Limited Insolvency Examination, effective from October 1, 2026, to reflect evolvin...

July 1, 2026 258 Views 0 comment Print

IBBI RTI Appeal Allowed as CPIO Failed to Respond Within Statutory Time Limit

Corporate Law : The First Appellate Authority directed the CPIO to dispose of the RTI application after finding it was not decided within the 30-d...

June 30, 2026 192 Views 0 comment Print

IBBI Penalises RP for Defying NCLT Orders on Financial Creditor Claim

Corporate Law : The Disciplinary Committee found that the Resolution Professional delayed admission of a financial creditor's claim and failed to ...

June 25, 2026 312 Views 0 comment Print


IBC 2016: Limitation period of section 42 not applicable to Application filed U/s. 60(5)

January 17, 2022 5184 Views 0 comment Print

In the SICOM Limited vs. Sundaresh Bhat case, the Appellant’s U/s. 60(5) Application was accepted. Learn why Section 42’s limitation doesn’t apply.

Condonation Application not required to be filed after SC Order: NCLAT

January 16, 2022 15477 Views 0 comment Print

Essjay Ericsson Private Limited Vs Frontline (NCR) Business Solutions Pvt. Ltd. (NCLAT Delhi) When the limitation has extended by the Hon’ble Supreme Court in the orders noted above, for a period covering extension of limitation neither application is required nor there is any discretion of Court or Tribunal to consider sufficiency of delay. We are […]

IBBI bars ‘IIV RVF’ from enrolling any new member for a period of 6 months

January 12, 2022 1794 Views 0 comment Print

he DC notes that the Indian Institution of Valuers, a registered society was recognized by IBBI on 20.04.2018. As per Rule 12(3) of the Valuers Rules, the RVO which is an entity under proviso to sub-rule (1), i.e., a society or a trust, then within period of one year, conversion of such entity into a […]

NCLAT explains provisions of Section 97 of IBC, 2016

January 11, 2022 2892 Views 0 comment Print

Kanchan Nanubhai Desai Personal Guarantor Vs Finquest Financial Solutions Pvt. Ltd. & Anr. (NCLAT, Delhi) There cannot be any dispute with the statutory scheme as contained in Section 97 that when Application is filed by the Resolution Professional under Section 95, the Adjudicating Authority shall direct the Board within seven days of the date of […]

NCLAT Stays Order Initiating CIRP as parties entered Settlement Agreement

January 11, 2022 1521 Views 0 comment Print

Vinayak K Deshpande Vs Nexo Industries P Ltd (NCLAT Chennai) In view of the fact that the Settlement Agreement has been entered into between the parties and based on the said Agreement, the subject matter is issue is resolved between the parties, as informed by the Learned Counsels appearing for the parties, this ‘Tribunal’, dismisses […]

Retired Partner has no right under IBC to file claim against Partner or Firm

January 7, 2022 2868 Views 0 comment Print

NCLT dismisses IBC petition by Anil Vora HUF against Kavya Build-Con. Retirement claim not maintainable under Insolvency & Bankruptcy Code.

NCLT/NCLAT should not pass ad hoc orders regarding fee and expenses payable to Resolution Professionals: SC

January 5, 2022 3447 Views 0 comment Print

Devarajan Raman Vs Bank of India Limited (Supreme Court of India) The Insolvency and Bankruptcy Board of India has issued a circular on 12 June 2018. The circular, inter alia, requires the insolvency professional to ensure that the fees payable to him during the CIRP are reasonable and the approval of the CoC for the […]

Section 148 notice cannot be issued after approval of Resolution Plan under IBC 2016

December 31, 2021 5244 Views 0 comment Print

HC held that the IT Department is not entitled to issue notice against the Corporate Debtor for unpaid tax claims after the approval of the resolution plan by the adjudicating authority.

No recovery of ‘listing fee’ dues as operational debt under IBC

December 28, 2021 2595 Views 0 comment Print

Since assessee had initiated the insolvency proceedings against the Corporate Debtor only as a recovery mechanism to recover dues of ‘listing fees’ however, IB Code was not meant for recovery of dues of creditors.

Insolvency & Restructuring in relation to Corporate Governance

December 23, 2021 6156 Views 0 comment Print

ABSTRACT A company has indeterminate growth by law. There is, however, a constant threat to its life from the ‘market’. It loses business to others when it fails to compete with its peers. Every other company is its predator – a company swallows another company for its own growth, through a variety of hostile or […]

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