Corporate Law : Understand Corporate Insolvency Resolution Process (CIRP) in India, from initiation and moratorium to resolution plan approval and...
Corporate Law : Pursuant to approval of Resolution Plan by the Adjudicating Authority under Insolvency & Bankruptcy Code, 2016, has presuppose wai...
Corporate Law : Insights into recent Supreme Court and High Court judgments on IBC cases, covering corporate guarantees, auction timelines, liquid...
Corporate Law : Explore the legal complexities of CIRP withdrawals and the protection of creditor rights under the Insolvency and Bankruptcy Code ...
Corporate Law : Explore the issues surrounding green channel approvals in India's Corporate Insolvency Resolution Process and alternative solution...
Corporate Law : IBBI dismisses multiple RTI appeals citing misuse of the RTI Act through repetitive filings. The order emphasizes responsible use ...
Corporate Law : RTI Act permits access only to information held by a public authority and does not require the creation or interpretation of infor...
Corporate Law : Key IBC case law updates from Oct-Dec 2024, covering Supreme Court and High Court decisions on CoC powers, resolution plans, relat...
Corporate Law : The Government clarified that no cooperative sector companies in Maharashtra are declared corrupt under IBC, 2016, and Barshi Text...
Corporate Law : IBBI denies RTI appeal citing fiduciary exemption under Section 8(1)(e). The requested MSME-related information was withheld. Appe...
Income Tax : ITAT Mumbai restores MITC Metals case for fresh adjudication, ruling that assessment order was not void ab-initio despite ongoing ...
Corporate Law : NCLAT Delhi ruled that a single homebuyer cannot challenge a resolution plan approved by the CoC. The decision follows Supreme Cou...
Company Law : The plain reading of the above provisions of Section 60(5)(c) clearly indicates that the NCLT is empowered to adjudicate any quest...
Income Tax : Calcutta HC dismisses IT appeal against Subhlabh Steels due to ongoing insolvency under IBC, citing SC ruling in Monnet Ispat. Rea...
Service Tax : CESTAT Chennai ruled on Orchid Chemicals' appeal, citing insolvency resolution precedents. The appeal was abated following NCLT ap...
Corporate Law : IBBI rejects RTI appeal seeking detailed breakup of Dalmia Cement claims in Jaiprakash insolvency case, citing unavailability of d...
Corporate Law : IBBI rejects RTI appeal seeking clarifications on valuer registration, stating that opinions and justifications do not fall under ...
Corporate Law : IBBI disposes of SCN against IP in CIRP case, addresses claims dispute, and ongoing RoC investigation. Details of findings and DC'...
Corporate Law : The IBBI Disciplinary Committee has suspended Ms. Sonu Jain for one year due to delays and procedural lapses in the liquidation pr...
Corporate Law : IBBI suspends valuer for six months for non-transparent valuation in CIRP and liquidation of Base Corporation Ltd., citing violati...
The Pandemic outburst of Covid-19 has not left India untouched in any manner. This Pandemic has not only affected the human beings but has also led the economy to doldrums. The journey of stalling of businesses in India prominently started with the onset of lockdowns in India. The lockdown was justified in the sense that […]
Insolvency Professionals to act as Interim Resolution Professionals, Liquidators, Resolution Professionals and Bankruptcy Trustees (Recommendation) Guidelines, 2020 Date of issue of Guidelines: 2nd June, 2020 Applicability: with effect from 1st July, 2020. There are two types of the Insolvency 1. Corporate Insolvency 2. Individual Insolvency Corporate Insolvency: The IBBI is required under IBC, 2016 to […]
Recent Amendments Under Companies Act, 2013 And Insolvency And Bankruptcy Code, 2016 Further to the official announcements made by the Hon’ble Finance Minister of India, Smt. Nirmala Sitharaman during the press conference held on the 24th day of March 2020, Ministry of Corporate Affairs and Ministry of Law and Justice, has notified certain amendments to vide […]
Back drop Covid-19 pandemic has impacted business, financial markets and economy all over the world, including India, and created uncertainty and stress for business for reasons beyond their control. A nationwide lockdown is in force since 25th March, 2020 to combat the spread of Covid-19 which has added to disruption of normal business operations. Reforms […]
Section 7- Insolvency and bankruptcy Code, 2016 and IBC Amendment Ordinance, 2019 Filing of Application under section 7 of IBC Insolvency and bankruptcy code was enacted on 28.05.2016, with the intent of consolidating & amending the law relating to reorganization and insolvency resolution in a time bound manner. Section 6 of the code talks about […]
Eventually, the IBC (Amendment) Ordinance, 2020 (Ordinance) is out to surcease the anticipations and discussions around suspension of Sections 7, 9 and 10 of Insolvency Bankruptcy Code, 2016 (Code) Covid 19, pandemic has impacted the business, economy, and financial market worldwide. In India for combating the spread of disease, nationwide lockdown was announced on 25th […]
Indus Biotech Private Limited Vs Kotak India Venture Fund-I (National Company Law Tribunal) FACTUAL BACKGROUND In the present case, the Indus Biotech Pvt. Ltd. (Corporate Debtor) has filed a Interlocutory application under Section 8 of the Arbitration and Conciliation Act, 1996 (Arbitration Act, 1996) where in the underlying Insolvency petition was filed under Section 7 […]
Introduction The fundamental legislative intent behind the enactment of IBC has been the resolution of Corporate Debtors. Compared to previous laws, the distinguishing feature of the Code is that it does not to operate as a mere debt recovery route for creditors. The doctrine of fresh slate is of much significance in achieving the objective […]
The Insolvency and Bankruptcy Code (Amendment) Ordinance, 2020 was published by Ministry of Law and Justice on 5th June 6, 2020 with number 9. 2020 and has already stirred enormous amusement, disappointment among lawyers as well as glee and satisfaction among the industries who are bearing the brunt of COVID- 19, the unknown which has […]
INSOLVENCY AND BANKRUPTCY BOARD OF INDIA (Disciplinary Committee) No. IBBI/DC/26/2020 8th June 2020 Order In the matter of Mr. Vijay Kumar Garg, Insolvency Professional (IP) under Regulation 11 of the Insolvency and Bankruptcy Board of India (Insolvency Professional) Regulations, 2016 read with Section 220 of the Insolvency and Bankruptcy Code, 2016 (Code). Appearance before Disciplinary […]
