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IBC 2016

Latest Articles


IBBI Circular on Generation of Valuation Report Identification Number

Corporate Law : Learn about IBBI's new rule for generating a unique Valuation Report Identification Number (VRIN) for valuations under the Insolve...

August 13, 2024 105 Views 0 comment Print

Analysis of Notifications and Circulars for Week ending 11th August 2024

CA, CS, CMA : Highlights from August 5-11, 2024: Income Tax exemptions, GST updates, SEBI guidelines, and RBI monetary policy changes....

August 13, 2024 387 Views 0 comment Print

A Study on Inherent Power of NCLT to Recall a CIRP

Corporate Law : Explore how the NCLT's inherent power to recall orders under the IBC ensures justice by addressing procedural errors. Learn about ...

August 10, 2024 84 Views 0 comment Print

Insolvency and Bankruptcy Code, 2016- Boon and Curse

Corporate Law : Explore the pros and cons of the Insolvency and Bankruptcy Code, 2016. Understand its impact on insolvency proceedings in India....

July 29, 2024 138 Views 0 comment Print

IBBI Circular on Filing Forms for Monitoring Voluntary Liquidation Processes

CA, CS, CMA : Discover IBBI Circular No. IBBI/LIQ/74/2024 dated 28-06-2024 on voluntary liquidation processes under the Insolvency and Bankruptc...

June 30, 2024 330 Views 0 comment Print


Latest News


Latest Case Law Related to IBC – April to June 2023

Corporate Law : SC rules on Special Court jurisdiction; NCLAT redefines financial debt; HC upholds IBBI regulations and addresses various insolven...

August 14, 2024 285 Views 0 comment Print

Guidelines for Committee of Creditors by IBBI

Corporate Law : New guidelines for the Committee of Creditors by IBBI focus on enhancing decision-making, transparency, and efficiency in insolven...

August 6, 2024 249 Views 0 comment Print

IBBI Issues Guidelines for Insolvency Professionals 2024

Corporate Law : Learn about the new guidelines by IBBI for Insolvency Professionals acting as IRPs, Liquidators, RPs, and BTs. Details on eligibil...

July 5, 2024 216 Views 0 comment Print

IBBI Format for progress report during Liquidation process

Corporate Law : IBBI updates the progress report format for liquidation processes, seeking comments by July 12, 2024. Learn about the new requirem...

June 22, 2024 423 Views 0 comment Print

IBBI Discussion Paper: Proposed Amendments to CIRP Regulations

Corporate Law : IBBI invites comments on proposed amendments to CIRP regulations, focusing on valuation processes, MSME treatment, voting protocol...

June 19, 2024 336 Views 0 comment Print


Latest Judiciary


Application u/s. 95 of I&B Code dismissed as demand notice not served on correct address: NCLT Amravati

Corporate Law : NCLT Amravati held that application filed by SBI (creditor) u/s. 95 of the Insolvency and Bankruptcy Code, 2016 for initiation of ...

August 16, 2024 57 Views 0 comment Print

Reassessment action u/s. 148 post approval of resolution plan unsustainable: Delhi HC

Income Tax : Delhi High Court held that reassessment action under section 148 of the Income Tax Act post approval of the resolution plan unsust...

August 15, 2024 522 Views 0 comment Print

IPE can be appointed as IP to carry out duties & functions under IBC: NCLT Mumbai

Corporate Law : NCLT Mumbai rules in favor of Piramal Capital, allowing Insolvency Professional Entities to be appointed as Resolution Professiona...

August 14, 2024 96 Views 0 comment Print

Corporate Debtor not liable for offences prior to commencement of CIRP: NCLT Mumbai

Corporate Law : NCLT Mumbai held that as per section 32A of the Insolvency Bankruptcy Code, 2016, the Corporate Debtor shall not be held liable fo...

August 8, 2024 111 Views 0 comment Print

Electricity supply during CIRP essential hence RP can take coercive step to collect amount for its payment: NCLAT Delhi

Corporate Law : NCLAT Delhi held that electricity supply by NPCL, being in nature of supply of essential goods, was necessary to be continued duri...

July 30, 2024 108 Views 0 comment Print


Latest Notifications


IBBI (Inspection and Investigation) (Amendment) Regulations, 2024

Corporate Law : IBBI amends Inspection and Investigation Regulations, extending the response period to show-cause notices to 60 days from the due ...

August 17, 2024 9 Views 0 comment Print

IBBI (Information Utilities) (Amendment) Regulations, 2024

Corporate Law : IBBI updates Information Utilities Regulations with new timelines and verification procedures starting October 2024, improving def...

August 17, 2024 9 Views 0 comment Print

Mere Association with Promoter Doesn’t Automatically Disqualify Resolution Applicant: IBBI

Corporate Law : IBBI's ruled that mere association with a promoter does not automatically disqualify a Resolution Applicant under Section 29A unle...

August 15, 2024 69 Views 0 comment Print

IBBI DC Disposes of SCN Against IP, Advises Re-examination Post SC Decision

Corporate Law : The IBBI Disciplinary Committee disposes of SCN against Insolvency Professional Brijendra Kumar Mishra, advising re-examination af...

August 14, 2024 81 Views 0 comment Print

IBBI suspends IP for negligence and failure in handling claims under CIRP

Corporate Law : IBBI disciplinary order finds Mr. Vijendra Kumar Jain guilty of negligence and failure in handling claims under CIRP, with implica...

August 12, 2024 69 Views 0 comment Print


Sessions or Additional Sessions Judge cannot try offences under IBC

February 20, 2022 1518 Views 0 comment Print

Satyanarayan Bankatlal Malu Vs IBBI (Bombay High Court) It can be noticed that under Section 435 of the Companies Act, Special Court, comprising of Sessions Judge or Additional Sessions Judge, was in place since 2013 and it retained its jurisdiction to try the offences under the Companies Act. Amendment of 2017, for the first time brought […]

Mediation order not extends limitation for Section 9 Application under IBC Code

February 20, 2022 492 Views 0 comment Print

Ravi Iron Ltd. Vs Jia Lal Kishori Lal (NCLAT Delhi) When the Application under Section 9 of the IBC Code comes with date of default and no other reasons given in the Application or any details for extension of limitation, we see no ground to hold that Application was well within time. The submission of […]

Insolvency Resolution Process cannot be maintained against legal heirs of Personal Guarantor

February 11, 2022 3045 Views 0 comment Print

Bank of Baroda Vs Divya Jalan (NCLT Kolkata) When a section 95 application is filed the assets of the Personal Guarantor is hit by moratorium and if we put the legal heirs of the deceased Personal Guarantor into the shoes of the Personal Guarantor then their personal assets will also get automatically hit by moratorium, […]

IBBI cancels registration of Valuer for concealment of information of criminal proceedings

February 11, 2022 1110 Views 0 comment Print

IBBI observes that the offences alleged in the criminal proceedings are in relation to the professional conduct of a valuer- section 120B of the IPC relating to criminal conspiracy, section 420 of the IPC relating to cheating and dishonestly inducing delivery of property, section 467 of the IPC relating to forgery of valuable security, will, […]

HC quashes NCLT Order accepting IBA Application as default was less than Rs.1 Crore

February 11, 2022 4206 Views 0 comment Print

NCLT Order accepting IBA Application for want of Jurisdiction post-amendment to Section 4 was quashed in the light of amendment to section 4 wherein Part II of the IBC could apply only to matters relating to insolvency and liquidation of corporate debtors, where the minimum amount of default was Rs.1 Crore.

Shri Ravi Mital takes charge as Chairperson of IBBI

February 11, 2022 465 Views 0 comment Print

Shri Ravi Mital took charge as Chairperson of Insolvency and Bankruptcy Board of India in New Delhi today. A 1986 batch Indian Administrative Service (IAS) officer of Bihar cadre, Shri Ravi Mital holds degrees of B.E. in Mechanical Engineering and M.Phil. in Environmental Science.

IP need not obtain permission of CoC for operational expenses

February 10, 2022 2199 Views 0 comment Print

The DC notes that the submission of Mr. Goel that he had incurred various expenses for the travel and stay of CoC members but not in the capacity as members of CoC but rather as ‘secured lenders of CD who wanted to visit premises of CD’ which is part of the ordinary course of business. […]

Operational debt includes debt arising from a contract for supply of goods/services from corporate debtor: SC

February 9, 2022 7527 Views 0 comment Print

In the present case, the appellant clearly sought an operational service from the Proprietary Concern when it contracted with them for the supply of light fittings. Further, when the contract was terminated but the Proprietary Concern nonetheless encashed the cheque for advance payment, it gave rise to an operational debt in favor of the appellant, which now remains unpaid. Hence, the appellant is an operational creditor under Section 5(20) of the IBC.

IBBI (Insolvency Resolution Process for Corporate Persons) (Amendment) Regulations, 2022

February 9, 2022 2355 Views 0 comment Print

(1) These regulations may be called the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) (Amendment) Regulations, 2022. (2) They shall come into force on the date of their publication in the Official Gazette.

Liquidator entitled to reduce reserve price up to 25% whenever auction fails

February 7, 2022 5469 Views 0 comment Print

Ekambareswara Rao Manne Vs Mr. Gonugunta Madhusudhan Rao (NCLT Hyderabad) It may be stated that in terms of Clause 4 Schedule-I of IBBI Liquidation Process Regulations, 2016, the Liquidator is entitled to reduce the reserve price up to 25% whenever the auction fails. The record placed before us viz. minutes of the Stakeholders Consultation Committee […]

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