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...
IBBI extends validity of IBBI (Online Delivery of Educational Course and Continuing Professional Education by Insolvency Professional Agencies and Registered Valuers Organisations) Guidelines, 2020 till 31st March, 2022.
Government says that it has no plans to set up an Institute of Resolution Professionals to oversee and self-regulate conduct of RPs as IBC Code provides for a two-tier regulatory structure to oversee the conduct of IPs. In the first tier, there are three Insolvency Professional Agencies (IPAs) registered with IBBI, of which IPs are members
More than 4,000 cases admitted for corporate insolvency resolution process (CIRP) since FY 2016 and out of these 359 cases resolved with realisable value of more than Rs 2 lakh crore for creditors. As per the information provided by Insolvency and Bankruptcy Board of India [IBBI, the Regulator under Insolvency and Bankruptcy Code, 2016 (IBC)], the […]
As per the information provided by IBBI, in the years 2020-21 and 2021-22 (upto 31st December, 2021), 538 and 522 cases, respectively, have been admitted into the corporate insolvency resolution process (CIRP)
The DC notes that regulation 8 (1) of the CIRP Regulations provides for Form C for submission of claim by financial creditors other than class of creditors, while regulation 8A of the CIRP Regulations provides for Form CA for submission of claim by financial creditor belonging to a class. Further, regulation 8(2) and regulation 8A […]
The DC notes that an amount of Rs. 1,51,928/- was paid to Ms. Gupta in terms of the direction of the Hon’ble NCLAT vide order dated 01.08.2017. Subsequently, Ms. Rita Gupta withdrew an amount of Rs.19,28,340/- on 26.03.2018 without the approval of the CoC. The total fee payable to Ms. Rita Gupta, as approved by […]
As you are aware that, before implementation of IBC, 2016 there are various laws governing individual as well as corporate insolvency and bankruptcy matters in India. There were a lengthy and cumbersome method for creditors /financiers for recovery of their dues from the defaulting corporate debtors. For individuals insolvency and bankruptcy matters there were three […]
Supreme Court M/s. Jai Balaji Industries Vs. D.K. Mohanty & Anr. [Civil Appeal No. 5899 of 2021 with 5904 of 2021] The Supreme Court (SC) observed that an operational creditor (OC) cannot use the Code for extraneous considerations or as a substitute for debt enforcement procedures; and the object of the Code is to allow […]
In the instant matter, the Authority finds that the chargesheet has been filed against Mr. Prabhu. The provisions of IPC under which charges have been framed are severe in nature and pertains to professional conduct of a valuer which are as follows – (a) Section 201- Causing disappearance of evidence of offence, or giving false […]
In the instant matter, the SBI had made a complaint to CBI on 4th January, 2021 requesting it to lodge the complaint and carry out a detailed investigation into the fraudulent activities committed intentionally and knowingly by Shri. Paruchuri Kumar and his family members in collusion with the advocates, valuers, Sri Abdul Rawoof Pasha and […]
