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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 333 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 2508 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 249 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 87 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 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 300 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 246 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 309 Views 0 comment Print

IBBI Suspends Insolvency Professional Over Multiple CIRP Lapses in Real Estate Case

Corporate Law : The Disciplinary Committee imposed a two-year suspension after finding failures in claim verification, unauthorized financial deci...

June 16, 2026 414 Views 0 comment Print


SC Orders Restoration of Attached Properties to Resolution Applicant Under IBC–PMLA Overlap

November 9, 2025 1080 Views 0 comment Print

The Supreme Court partially set aside the Enforcement Directorate’s attachment order, restoring properties to the resolution applicant for the benefit of genuine homebuyers while maintaining attachment over 11 identified units linked to alleged proceeds of crime.

Pre-CIRP Claims Cannot Be Reopened After Approved Resolution Plan: NCLAT Delhi

November 9, 2025 507 Views 0 comment Print

The NCLAT dismissed Trinity Auto Components Ltd.’s appeal seeking enforcement of benefits under the BIFR scheme. The Tribunal held that the approved resolution plan under IBC replaced the earlier rehabilitation scheme, extinguishing all prior claims. It reiterated that no dual benefits can be claimed after IBC plan approval.

Non-payment of part of debt on becoming due amounts to default under IBC

November 7, 2025 456 Views 0 comment Print

NCLT Mumbai held that non-payment of part of debt when it becomes due and payable amounts to default. Thus, application u/s. 7 of Insolvency and Bankruptcy Code [IBC] duly admitted since there exists financial debt, exceeding threshold limit, and the same is in default.

IBBI Paper on Beneficial Ownership & Section 32A Affidavit by PRA

November 7, 2025 675 Views 0 comment Print

IBBI seeks comments on draft templates for Prospective Resolution Applicants (PRAs) to disclose beneficial ownership and Section 32A eligibility, ensuring transparency in CIRP.

Conflicts and Convergence of IBC and PMLA- Update

November 6, 2025 1011 Views 2 comments Print

ITAT analyzes the conflict between IBC’s asset protection and PMLA’s confiscation power. Attachment must cease post-resolution plan, and the IBBI circular offers a path for asset restoration.

Proceedings u/s. 95 of IBC not vitiated as demand notice duly served to personal guarantors

November 4, 2025 651 Views 0 comment Print

NCLAT Chennai held that demand notice has been duly served on the personal guarantors and hence proceedings under section 95 of the Insolvency and Bankruptcy Code, 2016 cannot be said to be vitiated. Accordingly, order quashed and proceedings remanded back.

IBBI Mandates IP Undertaking for PMLA Asset Restitution

November 4, 2025 843 Views 0 comment Print

IBBI advises IPs to seek restitution of ED-attached assets under PMLA, requiring a standard undertaking for Special Courts, ensuring asset usage controls and ED cooperation.

Liquidation u/s. 33(1)(b) of IBC admitted in view of rejection of resolution plan

November 3, 2025 714 Views 0 comment Print

NCLT Ahmedabad held that Corporate Debtor [Shree Ram Cottex Industries Pvt. Ltd.] is admitted into liquidation in terms of provisions of section 33(1)(b) of the Insolvency and Bankruptcy Code, 2016 in view of rejection of resolution plan u/s. 31(2) for non-compliance with statutory requirements.

Financial Creditor mandatorily needs to prove disbursement as defined u/s. 5(8)(f) of IBC

November 3, 2025 642 Views 0 comment Print

NCLAT Delhi held that appellant doesn’t qualify as a Financial Creditor since appellant has failed to discharge the burden of proving any disbursement as defined under Section 5(8)(f) of the Insolvency and Bankruptcy Code. Accordingly, order upheld and appeal dismissed.

Insolvency Admission Without Hearing Debtor Unsustainable: NCLAT Delhi

November 2, 2025 678 Views 0 comment Print

The NCLAT Delhi set aside the NCLT order admitting Athena Constructions Ltd. to CIRP, finding the Appellant was not heard on merits. While the financial creditor’s dues were settled, the NCLAT remanded the case to the NCLT to process the settlement plea and consider any claims received by the IRP.

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