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IBC 2016

Latest Articles


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 228 Views 0 comment Print

Forgotten Creditors: IBC’s Dual Approach for Homebuyers & other Consumers

Corporate Law : Discover how Insolvency and Bankruptcy Code (IBC) protects homebuyers and other consumers, with a detailed analysis of financial a...

June 24, 2024 444 Views 0 comment Print

Comparative Analysis of IBC, 2016 With International Bankruptcy Laws

Corporate Law : Explore the Insolvency and Bankruptcy Code, 2016 alongside international bankruptcy laws, focusing on key differences, similaritie...

June 18, 2024 447 Views 0 comment Print

Delhi HC Went Overboard in deciding Tata Bhushan Steel vs. Venus Recruiters

Corporate Law : Delhi HC's ruling on Tata Steel BSL Ltd. v. Venus Recruiters allows avoidance proceedings beyond CIRP, diverging from established ...

June 14, 2024 366 Views 0 comment Print

Options for Voluntary Closure of Companies in India

Corporate Law : Article explains various methods for voluntary company closure in India, including striking off, NCLT winding up, and voluntary li...

June 13, 2024 1077 Views 0 comment Print


Latest News


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 165 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 303 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 300 Views 0 comment Print

Discussion Paper on Streamlining CIRP Form Compliance for Insolvency Professionals

Corporate Law : Discover how the latest revisions in CIRP forms by IBBI aim to reduce the compliance burden on insolvency professionals and stream...

June 12, 2024 228 Views 0 comment Print

IBBI Guidelines 2024: Interim Resolution, Liquidation and Bankruptcy Trustees

Corporate Law : The Insolvency and Bankruptcy Board of India issues guidelines for Insolvency Professionals to act as Interim Resolution Professio...

June 5, 2024 372 Views 0 comment Print


Latest Judiciary


NCLT rejects CIRP application as default by Corporate Debtor not proved

Corporate Law : Detailed analysis of the NCLT Mumbai judgment in SBI vs Navjeevan Tyres, addressing issues of loan recall notice and corporate gua...

July 14, 2024 324 Views 0 comment Print

NCLT Upholds RP’s Stance on Malafide Assignment for Indirect CoC Representation

Corporate Law : NCLAT Delhi upholds NCLT decision against Rolta Private Limited's assignment agreement as malafide, prolonging CIRP process. Full ...

July 14, 2024 165 Views 0 comment Print

U.S. Bankruptcy Court Moratorium Order Not Automatically Enforceable in India

Company Law : Explore the Calcutta High Court's decision in Uphealth Holdings, INC. Vs Dr. Syed Sabahat Azim & Ors. regarding the applicability ...

July 14, 2024 195 Views 0 comment Print

‘Cinema Ventures’ guilty of not reducing Ticket price despite GST Rate reduction

Goods and Services Tax : Detailed analysis of Competition Commission of India's order regarding Cinema Ventures Pvt Ltd not passing GST rate reduction bene...

July 13, 2024 162 Views 0 comment Print

Customs Duty Claims Abate if Not Claimed During IBC Resolution Plan Implementation

Custom Duty : Gujarat High Court abates customs tax appeals in Commissioner Of Customs (Preventive) Vs General Foods Ltd., citing IBC Sections 3...

July 8, 2024 132 Views 0 comment Print


Latest Notifications


IBBI penalises IP for not filing application regarding fraudulent transaction

Corporate Law : Detailed analysis of IBBI Order 229/2024 on Mr. Narender Kumar Sharma, resolving a show-cause notice with significant findings and...

July 17, 2024 75 Views 0 comment Print

IBBI suspends valuer for misuse of IBBI’s name/logo and misleading declarations

Corporate Law : Explore the IBBI's decision on Mr. Gopal Krishna Raju regarding violations under the Companies Act, 2013 and Valuation Rules, incl...

July 13, 2024 156 Views 0 comment Print

IBBI suspends IP for discussions with ex-directors regarding fees as RP

Corporate Law : Explore IBBI's Disciplinary Order No. IBBI/DC/228/2024 dated 11 July 2024 against Reshma Mittal, detailing the CIRP process, alleg...

July 11, 2024 90 Views 0 comment Print

IBBI Imposes ₹2 Lakh Penalty on IP for Lack of Cooperation with Investigation Agencies

Corporate Law : Read the detailed analysis of IBBI's Disciplinary Committee order against Narender Kumar Sharma, an Insolvency Professional, regar...

July 11, 2024 30 Views 0 comment Print

IBBI Penalizes RP for Submitting Revised Resolution Plan to AA Without CoC Approval

Corporate Law : IBBI suspends & Penalises RP For submitting a revised resolution plan to the Adjudicating Authority (AA) without obtaining the fin...

July 8, 2024 276 Views 0 comment Print


Petition u/s 7 or 9 of IBC is an Independent Proceedings & is not affected by winding up proceedings

April 4, 2021 2334 Views 0 comment Print

Hon’ble Supreme Court in the matter of Naveen Chandra Steels Private Limited Vs. SREI Equipment Finance Limited & Ors. has directed vide order dated 01st March, 2021 that a petition either under section 7 or section 9 of the IBC is an independent proceeding which is unaffected by winding up proceedings that may be filed qua the same company. 

Updates of MCA, SEBI, RBI & IBBI for the month of March 2021

April 3, 2021 3129 Views 0 comment Print

Article contains updates with respect to Notifications, Circulars, Rules, Regulations issued in the Month of March 2021 by Ministry of Corporate Affairs (MCA), Securities Exchange Board of India, Updates of the Reserve Bank of India (RBI), Insolvency and Bankruptcy Board of India (IBBI) and also includes Recent Corporate News. Article attempts to analyses Notifications, Circulars, […]

Benefits of Acquiring companies under Insolvency Process in IBC 2016

April 1, 2021 12828 Views 0 comment Print

The companies made default in honouring the financial liabilities to the Banks, Financial Institutions etc, are usually declared as insolvent by the NCLT Order and the Corporate Insolvency Resolution Process starts by appointing the Insolvency Resolution Professional. Such companies are open for sale by the Committee of Creditors (“COC”) constituting Banks / Lenders of such companies to the potential buyers in the market.

Meeting of Committee of Creditors under IBC

April 1, 2021 47568 Views 2 comments Print

The Committee of Creditors will play very important role in the regime of the insolvency. The important decisions which will affect the resolution of the insolvency of the corporate debtor will be taken by the Meeting of the Committee of Creditors in short it is also called as COC. Generally as per IBC, the COC […]

Operational Creditor should demonstrate its Claim to be treated as Operational Debt under IBC

March 28, 2021 4746 Views 0 comment Print

Kripa Cashew Exports Vs Royals International Trade And Allied Products Pvt. Ltd. (NCLT) In the present case, the first point which arises for consideration is whether the debt falls within the purview of Operational Debt under Section 5 (21) of the I&B Code,2016? To arrive at a decision, this Tribunal has gone through the judgement […]

Section 7 IBC- Action can be taken against Corporate Guarantor for Loan to Non-Corporate principal borrower: SC

March 26, 2021 10482 Views 0 comment Print

Laxmi Pat Surana Vs Union Bank of India (Supreme Court) The fact that the principal borrower had availed of credit/loan and committed default and that the (corporate) guarantor/corporate debtor had offered guarantee in respect of the loan account is not disputed. What is urged by the appellant is that the acknowledgment of liability to pay […]

Understanding Insolvency Law & Its Ramifications for COVID-19

March 26, 2021 3231 Views 0 comment Print

In the wave of several reforms presented by the govt for the promotion of ‘Ease of Doing Business’ in India, one landmark development within the dynamic world of insolvency and bankruptcy was the introduction of the ‘Insolvency and Bankruptcy Code, 2016’ (‘IBC’ or ‘Code’). Before the enactment of IBC, the insolvency resolution process in India […]

SC explains how NCLT ought to proceed when Section 8, Arbitration Act application is filed

March 26, 2021 6708 Views 0 comment Print

Indus Biotech Private Limited Vs Kotak India Venture (Offshore) Fund (Earlier Known As Kotak India Venture Limited) & Ors. (Supreme Court) It is clarified that in any proceeding which is pending before the Adjudicating Authority under Section 7 of IB Code, if such petition is admitted upon the Adjudicating Authority recording the satisfaction with regard […]

NCLT has limited jurisdiction in approval of resolution plan under IBC: SC

March 24, 2021 7887 Views 0 comment Print

Jaypee Kensington Boulevard Apartments Welfare Association & Ors. Vs. NBCC (India) Ltd. & Ors. (Supreme Court ) For what has been discussed and held on the relevant points for determination, our findings and conclusions are as follows: A. The Adjudicating Authority has limited jurisdiction in the matter of approval of a resolution plan, which is […]

Bankrupt Companies after lockdown was imposed due to COVID-19 pandemic

March 23, 2021 921 Views 0 comment Print

As per information from Insolvency and Bankruptcy Board of India (IBBI), details for the period from 01.04.2020 to 31.12.2020 of the number of companies declared bankrupt in the country after the lockdown was imposed due to COVID-19 pandemic is as under:

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