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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 204 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 357 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 54 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 261 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- Homebuyers As Financial Creditors

October 13, 2021 33834 Views 0 comment Print

This article talks about the rights which are available to the flat buyers under IBC after commencement of CIRP against the builder. HOMEBUYERS AS FINANCIAL CREDITORS The Insolvency and Bankruptcy Code (Amendment) Ordinance, 2018 inserted an Explanation under Section 5(8) (f) which clarified that payments made by an allottee under a real estate project would be deemed to […]

Dr. Navrang Saini given additional charge as Chairperson, IBBI

October 13, 2021 879 Views 0 comment Print

Central Government today assigned additional charge of Chairperson, Insolvency and Bankruptcy Board of India (IBBI) to Dr. Navrang Saini, Whole Time Member, IBBI, in addition to his existing duties for a period of three months from today or till the joining of a new incumbent to the post or until further orders, whichever is earlier.

Pre-packaged Insolvency Resolution Process (PPIRP)

October 13, 2021 21144 Views 3 comments Print

The Ministry of Corporate Affairs has notified the provisions related to Pre-pack Insolvency Process for Micro, Small and Medium Enterprises (MSMEs) registered under Micro, Small and Medium Enterprises Development Act, 2006. PPIRP is aimed at helping a Corporate Debtor (CD) restructure its debts, so that it may start afresh. It seems this process is rolled […]

NCLT admits RBI application for initiating CIRP against Srei Infra

October 12, 2021 1389 Views 0 comment Print

Reserve Bank of India Vs Srei Infrastructure Finance Limited (NCLT Kolkata) 1. The Court convened via video conferencing. 2. This is an application filed by the Reserve Bank of India (Appropriate Regulator) under section 227 read with section 239(2(zk) of the Insolvency and Bankruptcy Code, 2016 (in short “IBC”) for initiations of Corporate Insolvency Resolution […]

Working on a ‘need basis’ cannot be considered as regular employment for IP Registration

October 7, 2021 756 Views 0 comment Print

Experience letter issued by Parag Milk Foods Ltd. where the applicant is certified to be working on a ‘need basis’ and thus not engaged in a regular and continuous employments. His terms of engagement were non-exclusive, and he was allowed to take other assignment.

IBC 2016 have overriding effect over Income Tax Act, 1961

October 2, 2021 3627 Views 0 comment Print

Moserbaer India Ltd. Vs DCIT (ITAT Delhi) Section 238 of IBC 2016 will have overriding effect over all other Central and State statutes including the Income-tax Act and all the claims including claim of the Income-tax Department under the Income-tax Act, 1961 shall be entertained by the Official Liquidator u/s 53 (1) of the Code. […]

Liquidator at liberty to apply & enforce amended Clause 12 of Schedule I of Liquidation Regulations

October 2, 2021 1848 Views 0 comment Print

In re Mr. Sundaresh Bhat Liquidator of ABG Shipyard Limited (NCLAT Delhi) When in an auction somebody has given a higher bid, if instead of 15 days, the person gets a breathing time of 90 days to make a payment, no other person gets affected. We have seen the Discussion Paper referred to by the […]

Success Fees’ is Contingent & Speculative in Nature & Not form Part of IBC: NCLAT

October 2, 2021 1152 Views 0 comment Print

Jayesh N. Sanghrajka Vs The Monitoring Agency nominated by the Committee of Creditors of Ariisto Developers Pvt. Ltd. (NCLAT Delhi) Appellant claiming that he had done excessively well to deserve Rs. 3 Crores of success fees, the Adjudicating Authority had made comments as to what was the scenario when it was supervising the CIRP. We […]

Dr. M. S. Sahoo completes tenure as Chairperson, IBBI

October 1, 2021 2304 Views 0 comment Print

Dr. M. S. Sahoo completed his tenure of five years as Chairperson of the Insolvency and Bankruptcy Board of India (IBBI) on 30th September, 2021. The IBBI family bid farewell to Dr. Sahoo and remembered his outstanding contributions as thought leader and as visionary, in a glittering farewell function organized at India Habitat Centre.

Power of Attorney authorised by Financial Creditor Can File Application U/s 7 of IBC: SC

September 30, 2021 5454 Views 0 comment Print

Rajendra Narottamdas Sheth & Anr Vs Chandra Prakash Jain (Supreme Court) In the present case, Mr. Praveen Kumar Gupta has been given general authorisation by the Bank with respect to all the business and affairs of the Bank, including commencement of legal proceedings before any court or tribunal with respect to any demand and filing […]

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