Corporate Law : The framework permits liquidation only where the company has not defaulted on debts and can pay liabilities. It ensures a clean an...
CA, CS, CMA : The High Court ruled that retrospective cancellation of GST registration is invalid if such action is not proposed in the original...
Corporate Law : Explains how the 2025 amendment removes going-concern sales from liquidation. Highlights the shift toward speed and finality over ...
Corporate Law : IBBI Regulations 32 & 32A for liquidation: defines asset sale modes and prioritizes selling the business as a going concern to max...
Corporate Law : Understand secured creditor rights under IBC Section 52 during liquidation: relinquish security to the estate or realize independe...
Corporate Law : The amendments replace the consultation committee with CoC oversight, giving creditors greater control over liquidation decisions....
Corporate Law : The proposal focuses on enabling creditors to initiate resolution while retaining debtor management under supervision. It sets out...
Corporate Law : The amendments arise from the inclusion of a unified “service provider” definition under the Code. The move expands regulatory...
Corporate Law : The issue addressed is ambiguity in authentication and evidentiary value of financial information in insolvency cases. The propose...
Corporate Law : The proposal aligns grievance regulations with the newly introduced definition under the amended Code. It aims to ensure uniform a...
Company Law : NCLAT Delhi held that each and every commercial transaction which has resulted in loss may not be labelled as fraudulent or to hav...
Company Law : The appellate tribunal quashed orders permitting bankruptcy against personal guarantors after a creditor consented to grant additi...
Company Law : NCLT Allahabad held that financial creditor duly established existence of financial debt and default thereon on the part of the Co...
Company Law : The tribunal held that the resolution plan was invalid because several valuable properties were omitted from the Information Memor...
Company Law : NCLAT Delhi held that Prospective Resolution Applicant or unsuccessful Resolution Applicant doesn’t have vested right to challen...
Corporate Law : The issue was whether IBBI must provide data held by a regulated entity. The Authority held that RTI applies only to information h...
Corporate Law : The appeal found that the RTI response was delayed beyond statutory timelines. The key takeaway is that delay breaches RTI provisi...
Corporate Law : The issue was whether an RVO could grant conditional enrolment to an unqualified applicant. The authority held that such enrolment...
Corporate Law : The amendment allows financial creditors to directly initiate insolvency with prior approvals, reducing delays. It ensures faster ...
Corporate Law : The study found that most MSME insolvency cases are resolved before admission, highlighting gaps in data and process efficiency. I...
Insolvency and Bankruptcy Board of India (IBBI) has issued an order to cancel the registration of Mr. Venkata Krishna Srinivasa Raju Penmetsa as a Registered Valuer. The order was issued based on a Show Cause Notice (SCN) which stated that Mr. Penmetsa had suppressed information about criminal proceedings against him while applying for registration. The […]
IBBI disposed the appeal filed by Yardi Prabhu Consultants & Valuers Pvt. Ltd. against suspension order issued on April 6, 2022. The appeal was made in response to a show cause notice regarding alleged contraventions of the Valuation Rules. The suspension was based on the alleged lack of eligibility of a director, as he faced […]
The DC notes that it is recorded in the minutes of 15th CoC meeting held on 22.04.2022 that “RP further informed that complete records of Corporate Debtor is not available prior to year 2015 as EOW has seized some records vide Memo dated 10.12.2015. RP approached to the EOW office New Delhi for releasing the records […]
Insolvency Professional found guilty of misrepresentation and entering into unauthorized agreements by IBBI Disciplinary Committee The Disciplinary Committee of the Insolvency and Bankruptcy Board of India (IBBI) has found Mr. Kairav Anil Trivedi, an Insolvency Professional, guilty of misrepresentation and entering into unauthorized agreements. The committee found that Mr. Trivedi misrepresented the confirmation of his […]
Insolvency and Bankruptcy Board of India (IBBI) Disciplinary Committee has cleared Mr. Ganga Ram Agarwal, an Insolvency Professional, of allegations made against him. The allegations pertained to his failure to represent the interests of a corporate debtor in ongoing cases before the Debt Recovery Tribunal (DRT). After considering Mr. Agarwal’s submissions and the relevant provisions […]
Since, no discussion was done on the fees of RV, the IBBI DC found IP in contravention of section 208(2)(a) of the Code, regulation 7(2)(a), (h) and (i) of the IP Regulations, regulation 31A(1)(a) of Liquidation Regulations read with clauses 2, 3 and 14 of the Code of Conduct and Board Circular dated June 12, 2018.
The IP submitted that in order to realize the maximum value for all stakeholders, the liquidator is maintaining the business of the CD on going concern basis as recommended by the CoC. He submitted that the CD was intended to be liquidated as a going concern through e auction mode as provided in IBBI (Liquidation […]
IBBI observed that Mr. Amit Gupta has charged the excess fess as the liquidator of the CD and held the prima facie view that he has inter alia violated section 35(1)(d) & (o) and 208(2)(a) & (e), regulation 4(2) of the Liquidation Regulations and regulation 7(2)(h) of IP Regulations read with clauses 1, 3 and […]
IBBI disposes of SCN with the direction to RV to be cautious in preparation of valuation report. He should henceforth endeavour to record all the relevant facts in the report itself.
The valuation report is based on the professional opinion of the valuer backed by his expertise and skills. Therefore, a valuation report is inherently remains subjective in nature. However, it must be kept in mind that the reliability of the valuation report increases with enhanced reliance on objective criteria. Therefore, it is necessary that all […]
