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 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...
Corporate Law : The amendments focus on better protection of creditor interests and structured insolvency processes. They introduce new mechanisms...
Corporate Law : The amendment replaces rigid statutory documentation requirements with a flexible framework. This change empowers regulators while...
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...
NCLAT Delhi held that Prospective Resolution Applicant or unsuccessful Resolution Applicant doesn’t have vested right to challenge a resolution process or an approved resolution plan. Accordingly, appeal is dismissed.
NCLAT Delhi held that direction to resolution professional to release the amount to Gujarat State Tax Department treating it as secured creditor under Section 48 of the Gujarat Value Added Tax Act, 2003 is justifiable as NCLT is obliged to apply decision of Supreme Court.
The IBBI appellate authority ruled that DHFL insolvency compliance reports are confidential commercial information. Disclosure was limited, as records were not maintained in a segregated format.
Authority held that information sought had already been addressed in a prior appellate order and advised applicant to pursue appropriate remedies. key takeaway is that RTI appeals cannot reopen matters already adjudicated.
The IBBI suspends an insolvency professional for one year for incorrect claim verification and improper CoC constitution, leading to unnecessary CIRP costs.
Valuer suspended for six months due to failure in properly valuing financial and intangible assets during CIRP and liquidation, with inadequate due diligence cited by IBBI.
A valuer was suspended for three months by IBBI due to alleged non-inclusion of intangibles and disputed asset valuations during the CIRP of a corporate debtor.
A registered valuer was suspended for three months by IBBI for failing to adequately value key financial assets and trade receivables during a corporate liquidation, highlighting the need for due diligence.
The draft guidelines introduce uniform reporting formats, detailed documentation rules, and structured valuation processes to enhance clarity and reliability in insolvency valuations.
The 2025 Guidelines streamline the selection of Insolvency Professionals for IRP, RP, Liquidator, and Bankruptcy Trustee roles, ensuring timely and efficient insolvency proceedings.