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...
DC finds that Mr. Vedagiri Venkata Krishnamurthy has conducted the second and third auctions in improper manner by fixing the same date for deposit of EMD by any prospective bidder and the date of publication of auction notice date, and giving only two days for second auction and three days for third auction to participate […]
Disciplinary Committee (DC) of IBBI notes that Mr. Dushyant C Dave had not excluded the liquidation cost while arriving at fee based on the amount of realisation. However, Mr. Dushyant C Dave has proactively credited this difference to the account of the CD already. The DC takes a sympathetic view in this matter. Further, with […]
In view of the foregoing, the DC finds that Mr. Ravinder Kumar Goel has over-charged his fee by not deducting the liquidation cost from his fees computed as per regulation 4(2)(b) of Liquidation Regulations. Mr. Ravinder Kumar Goel should not have taken the fees on the amount payable to suppliers even though this was pending […]
RV has liberty to adopt the cost approach to estimate the value of plant and machinery assets in accordance with International Valuation Standards. However, by not mentioning the details of the assets including present condition, which forms the basis of his estimation, the RV is in violation of sub rule 3(j) of Rule 8 of the Valuation Rules.
IBBI has perused the contraventions alleged in the SCN and the reply of the RV on the SCN. It is observed that the RV has neither countered the allegations made in the SCN nor provided any justification as to how his valuation report is in compliance with the applicable provisions of Valuation Rules. A valuation […]
IBBI warns RV to be cautious & transparent while conducting valuation under IBC, 2016 & Companies (Registered Valuers and Valuation) Rules, 2017
Under section 18(f) of IBC Code, Mr. S. Muthuraju being IRP of the CD from 14.06.2017 to 20.09.2017 was required to take control and custody of any asset over which the CD has ownership rights, as recorded in the balance sheet of the CD.
IBBI published the syllabus of phase 8 of the LIE. The revised syllabus is applicable for the examination to be conducted with effect from 1st July 2023.
IBBI held that it is evident that there was avoidable delay on the part of Mr. Rajput in filing application under Section 19(2) of the Code for non-cooperation of directors/promoters of CD, in taking control of assets of CD, in appointing registered valuers and in publication of Form G and he did not operate the […]
IBBI observes that procedural contraventions fall in the category of minor procedural deviations, hence IBBI inclined to take a lenient view
