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IBC 2016

Latest Articles


IBBI’s 2025 Reforms: Illuminating Insolvency or Entwining Stakeholders?

Corporate Law : There’s a lack of real space to unpack the inappropriateness of certain aspects of IBBI’s 2025 reforms is difficult: the refor...

April 14, 2025 138 Views 0 comment Print

Relinquish or realize security interest by secured creditor under liquidation

Corporate Law : Learn how secured creditors can relinquish or realize their security interest during liquidation under IBC, including timelines an...

April 5, 2025 267 Views 0 comment Print

Initiation Of Corporate Insolvency Resolution Process Under IBC, 2016

Corporate Law : The initiation of Corporate Insolvency Resolution Process (CIRP) under Sections 7-10 of the IBC involves different creditors and p...

March 21, 2025 1332 Views 0 comment Print

No 138 NI Act Case Against Director Post Insolvency Start

Corporate Law : SC rules that directors cannot face Section 138 NI Act cases if the cause of action arises after insolvency proceedings begin unde...

March 21, 2025 432 Views 0 comment Print

NCLT cannot decide on public law matters under MMDR Act in IBC cases: SC

Company Law : SC rules that NCLT cannot decide on public law matters under MMDR Act in IBC cases, reaffirming High Court jurisdiction under Arti...

March 17, 2025 1821 Views 0 comment Print


Latest News


Under RTI CPIO Not Bound to Provide Opinions on criminal activities: IBBI

Corporate Law : IBBI's First Appellate Authority dismisses Ravinder Aggarwal's RTI appeal seeking details on MSA Developers' resolution plan imple...

April 9, 2025 111 Views 0 comment Print

Govt Strengthened IBC with Six Amendments and 122 Regulatory reforms

Corporate Law : India's IBC shows significant recovery rates. 8,000+ CIRPs initiated, with 3,485 debtors rescued. Learn about amendments & reforms...

April 3, 2025 132 Views 0 comment Print

Amendments In Insolvency And Bankruptcy Code, 2016

Corporate Law : Overview of IBC 2016's impact, amendments, and government's stance on further changes, including flat registration in insolvency c...

March 16, 2025 384 Views 0 comment Print

Govt Removes FIR Requirement for claims of share valued up to ₹5 lakh

Corporate Law : Clarification on share certificate claims under Rs. 5 lakh, legal heir acceptance, and applicant authenticity measures by the Inve...

March 16, 2025 282 Views 1 comment Print

IBC does not have provisions for declaring companies as “corrupt”

Corporate Law : Government clarifies the status of Barshi Textile Mills under IBC 2016, addressing worker payments, company status, and cooperativ...

March 16, 2025 261 Views 0 comment Print


Latest Judiciary


Application u/s. 9 of IBC after three years of MSME Council Awards is barred by limitation

Corporate Law : NCLT Mumbai held that application u/s. 9 of the Insolvency and Bankruptcy Code [IBC] after three years of MSME Council Awards is b...

April 18, 2025 39 Views 0 comment Print

Personal guarantor can prefer an appeal u/s. 61 against order of NCLT

Company Law : NCLAT Delhi held that appeal against an order of NCLT initiating insolvency resolution process of personal guarantor lays to NCLAT...

April 18, 2025 414 Views 0 comment Print

Creditors Must Adhere to Sections 52 & 53 of IBC for Debt Recovery: NCLAT Delhi

Corporate Law : Discrepancies in financials prompted the Appellant to seek clarifications from Personal Guarantors - Respondents No. 2 and 3, and ...

April 17, 2025 150 Views 0 comment Print

CIRP Against Corporate Guarantor Rejected for Failure to Establish Guarantee Invocation

Company Law : NCLT Mumbai held that invocation of provisions of section 7 of the Insolvency and Bankruptcy Code against corporate guarantor not ...

April 17, 2025 294 Views 0 comment Print

NCLT rejects Private Sale by Liquidator for Lack of Maximization Strategy for Asset Realization

Corporate Law : NCLT Mumbai held that the private sale has to be conducted by the liquidator in a manner so as to maximize the realizations from t...

April 17, 2025 90 Views 0 comment Print


Latest Notifications


IBBI Disposes Appeals: RTI Act Limits to Existing Information Only

Corporate Law : IBBI's First Appellate Authority disposes of RTI appeals concerning information on actions against a Resolution Professional and C...

April 15, 2025 54 Views 0 comment Print

IBBI Invites Public Comments on IBC Regulations

Corporate Law : IBBI seeks public suggestions to simplify and reduce compliance costs in IBC regulations. Comments accepted online until 30th June...

April 8, 2025 96 Views 0 comment Print

IBBI Suspends IP for Asset Mismanagement and Regulatory Lapses

Corporate Law : IBBI Suspends IP for failure to preserve and protect assets of corporate debtors, non-determination of avoidance transactions, div...

April 7, 2025 378 Views 0 comment Print

IBBI (Insolvency Professionals) (Amendment) Regulations, 2025

Corporate Law : IBBI extends regulation 5(a) period from twelve to twenty-four months in Insolvency Professionals Amendment Regulations, 2025, eff...

April 5, 2025 75 Views 0 comment Print

IBBI (Insolvency Resolution Process for Corporate Persons) (Second Amendment) Regulations, 2025

Corporate Law : IBBI updates Form H under CIRP Regulations, 2016 through Second Amendment Regulations, 2025, detailing compliance and procedural r...

April 5, 2025 570 Views 0 comment Print


Latest Posts in IBC 2016

Application u/s. 9 of IBC after three years of MSME Council Awards is barred by limitation

April 18, 2025 39 Views 0 comment Print

NCLT Mumbai held that application u/s. 9 of the Insolvency and Bankruptcy Code [IBC] after three years of MSME Council Awards is beyond limitation as per Article 137 of the Limitation Act. Accordingly, application dismissed as barred by limitation.

Personal guarantor can prefer an appeal u/s. 61 against order of NCLT

April 18, 2025 414 Views 0 comment Print

NCLAT Delhi held that appeal against an order of NCLT initiating insolvency resolution process of personal guarantor lays to NCLAT. Thus, personal guarantor eligible to file an appeal u/s. 61 of IBC against order issued u/s. 100.

Creditors Must Adhere to Sections 52 & 53 of IBC for Debt Recovery: NCLAT Delhi

April 17, 2025 150 Views 0 comment Print

Discrepancies in financials prompted the Appellant to seek clarifications from Personal Guarantors – Respondents No. 2 and 3, and the late Mr. Bajrang Dass Aggarwal, who provided explanations on 25.02.2020.

CIRP Against Corporate Guarantor Rejected for Failure to Establish Guarantee Invocation

April 17, 2025 294 Views 0 comment Print

NCLT Mumbai held that invocation of provisions of section 7 of the Insolvency and Bankruptcy Code against corporate guarantor not maintainable as financial creditor not able to establish invocation of corporate guarantee.

NCLT rejects Private Sale by Liquidator for Lack of Maximization Strategy for Asset Realization

April 17, 2025 90 Views 0 comment Print

NCLT Mumbai held that the private sale has to be conducted by the liquidator in a manner so as to maximize the realizations from the sale of assets. Since strategy to maximize realisation from sale of assets absent.

Google penalized for violating section 4(2)(a)(i) and 4(2)(e) of Competition Act

April 17, 2025 111 Views 0 comment Print

NCLAT Delhi held that penalty under section 27(b) of the Competition Act, 2002 imposable since Google has abused its dominant position and has violated Section 4(2)(a)(i) and 4(2)(e) of the Competition Act, 2002.

Adjudicating Authority Can’t Solely Rely on Resolution Professional’s Report: NCLAT Delhi

April 17, 2025 123 Views 0 comment Print

NCLAT Delhi held that adjudicating authority, not solely relying on the resolution professional’s report, needs to conduct an independent assessment under section 100 of the Insolvency and Bankruptcy Code, 2016.

Duty drawback demand post approval of resolution plan not tenable: Bombay HC

April 17, 2025 63 Views 0 comment Print

Bombay High Court held that demand in respect of the duty drawbacks post approval of resolution plan is liable to be waived off in terms of section 31A of the Insolvency and Bankruptcy Code, 2016. Accordingly, writ stand allowed.

Initiation of recovery proceedings of property tax against Corporate Debtor post CIRP not tenable

April 16, 2025 84 Views 0 comment Print

On pursuits by the resolution professional the earlier notices issued by the Respondent Authority in regard to the Hotel were provided and ascertained the details of the arrears of tax to be paid by the Corporate Debtor.

IBC Section 61(2) Limitation Period Starts from Order Pronouncement: SC

April 16, 2025 273 Views 0 comment Print

A Rajendra Vs Gonugunta Madhusudhan Rao & Ors (Supreme Court of India) The Supreme Court of India has upheld an order by the National Company Law Appellate Tribunal (NCLAT), dismissing appeals filed by A Rajendra, a shareholder and suspended Managing Director of Dharti Dredging and Infrastructure Limited (Corporate Debtor). The NCLAT had dismissed the appeals […]

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