Corporate Law : The Supreme Court held that liabilities arising from corporate guarantees qualify as financial debt under Section 5(8) of the Inso...
Corporate Law : The Supreme Court ruled that a shortfall payment clause in a Deed of Hypothecation can qualify as a contract of guarantee under th...
Corporate Law : The article examines how conflicting Supreme Court judgments in Rainbow Papers and Raman Ispat created uncertainty regarding the s...
Corporate Law : The IBC (Amendment) Act, 2026 introduces CIIRP as a faster and proactive insolvency mechanism for early-stage financial stress. Th...
Corporate Law : Explains how the Court held that insolvency proceedings cannot be used as a pressure tactic for debt recovery. Even if default is ...
Corporate Law : The Supreme Court upheld joint insolvency proceedings against two interconnected real estate companies due to common management an...
Corporate Law : 2026 Guidelines streamline selection of Insolvency Professionals for IRP, RP, Liquidator, and Bankruptcy Trustee roles, ensuring t...
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 : NCLT Indore held that dissolution under Section 54 of the IBC was justified after all assets of the corporate debtor were liquidat...
Corporate Law : NCLT Mumbai held that ongoing One-Time Settlement discussions cannot defeat insolvency proceedings when debt and default are admit...
Corporate Law : NCLAT held that foreign oil and gas assets owned through Videocon subsidiaries could not be included in the CIRP of Videocon Indus...
Corporate Law : Tribunal noted that the CIRP period, including all extensions, had reached 741 days and expired on 20 November 2025. Since no plan...
Corporate Law : The NCLT Mumbai held that liquidation became mandatory under Section 33(2) of the IBC after the Committee of Creditors rejected al...
Corporate Law : The amendment bars related parties, recent auditors, and connected persons from acting as registered valuers in pre-pack insolvenc...
Corporate Law : The IBBI amended the Liquidation Process Regulations, 2016 to allow appointment of one registered valuer for each asset class in M...
Corporate Law : The IBBI amended the CIRP Regulations, 2016 to permit appointment of one set of registered valuers for MSME corporate debtors. The...
Corporate Law : The IBBI Amendment Regulations, 2026 introduce nominee directors on IPA governing boards and strengthen oversight mechanisms. The ...
Corporate Law : The order highlights that delayed applications, late progress reports, and non-compliance with filing requirements amounted to ser...
Supreme Court, in the present Supertech Ltd matter, adopted lower risk of injustice even if ultimately in the aforesaid appeals, the Hon’ble Supreme Court may find otherwise or choose any other course.
Explore the case of Motel Rahans Pvt. Ltd. Vs JSM Devcons Pvt Ltd., where a secured financial creditor approached NCLT Indore Bench seeking a forensic audit of the Corporate Debtor. Learn about the scope of consideration by the Committee of Creditors (CoC) in appointing professionals, the role of the Resolution Professional, and the direction given by the court for a forensic audit. Understand the implications of the court’s decision and the limited role of CoC in approving fees for auditors.
NCLT Indore directed appointment of a forensic auditor to conduct audit on irregularities related to assets of corporate debtor in case of Motel Rahans Pvt Ltd Vs JSM Devcons Pvt Ltd.
IBBI disposed the appeal filed by Yardi Prabhu Consultants & Valuers Pvt. Ltd. against suspension order issued on April 6, 2022. The appeal was made in response to a show cause notice regarding alleged contraventions of the Valuation Rules. The suspension was based on the alleged lack of eligibility of a director, as he faced […]
NCLAT Delhi held that as there exists financial debt and default, application u/s 7 of the Insolvency and Bankruptcy Code (IBC) is duly admissible.
NCLAT Delhi held that liquidator is obliged to consider the average of the value arrived as per Regulation 35 of the CIRP Regulation, 2016.
Supreme Court reaffirmed that Section 66 of the Insolvency and Bankruptcy Code cannot be invoked against third parties and that civil remedies available under the law must be pursued for recovery of dues from such parties.
Recently, the Delhi High Court in the case of Rajiv Chakraborty vs Enforcement Directorate revisited the issue pertaining to the tussle between the Prevention on Money Laundering Act 2002, Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002, and Insolvency and Bankruptcy Code 2016 and emphasized on the need of a coherent and balanced approach while interpreting these statutes.
The DC notes that it is recorded in the minutes of 15th CoC meeting held on 22.04.2022 that “RP further informed that complete records of Corporate Debtor is not available prior to year 2015 as EOW has seized some records vide Memo dated 10.12.2015. RP approached to the EOW office New Delhi for releasing the records […]
Explore the position of a Recovery Certificate Holder under the Insolvency and Bankruptcy Code, 2016. Learn about the Supreme Courts interpretation in the Kotak Mahindra Bank vs. A. Balakrishnan case, addressing issues of maintainability, applicability of limitation, and the widened scope of financial debts and creditors.
