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...
In Associate Décor Limited Vs Deputy Commissioner case, Karnataka HC weighs moratorium’s effect on tax proceedings under IBC, halting them pending resolution.
Explore the computation of limitation period in SICA cases under the IBC Code. Understand exclusion of suspension period and implications on filing applications under Section 9.
Insolvency Professional found guilty of misrepresentation and entering into unauthorized agreements by IBBI Disciplinary Committee The Disciplinary Committee of the Insolvency and Bankruptcy Board of India (IBBI) has found Mr. Kairav Anil Trivedi, an Insolvency Professional, guilty of misrepresentation and entering into unauthorized agreements. The committee found that Mr. Trivedi misrepresented the confirmation of his […]
Insolvency and Bankruptcy Board of India (IBBI) Disciplinary Committee has cleared Mr. Ganga Ram Agarwal, an Insolvency Professional, of allegations made against him. The allegations pertained to his failure to represent the interests of a corporate debtor in ongoing cases before the Debt Recovery Tribunal (DRT). After considering Mr. Agarwal’s submissions and the relevant provisions […]
Interpretation of GST dues within IBC framework in India has been a subject of legal deliberation and evolving jurisprudence. Here are some key aspects related to interpretation of GSTdues in IBC
Since, no discussion was done on the fees of RV, the IBBI DC found IP in contravention of section 208(2)(a) of the Code, regulation 7(2)(a), (h) and (i) of the IP Regulations, regulation 31A(1)(a) of Liquidation Regulations read with clauses 2, 3 and 14 of the Code of Conduct and Board Circular dated June 12, 2018.
Modified Resolution Plan cannot be directly presented to NCLT without receiving final approval from the Committee of Creditors (COC).
Explore the crucial coordination between the Committee of Creditors (COC) and Insolvency Professionals (IP) in the insolvency ecosystem. From the importance of transparent decision-making by COC to timely assistance for interim finance, delve into the complexities of the Insolvency and Bankruptcy Code. Understand the key roles of COC and IP in ensuring the business of the Corporate Debtor as a going concern. Navigate the challenges and legal nuances for effective insolvency resolution.
The IP submitted that in order to realize the maximum value for all stakeholders, the liquidator is maintaining the business of the CD on going concern basis as recommended by the CoC. He submitted that the CD was intended to be liquidated as a going concern through e auction mode as provided in IBBI (Liquidation […]
IBBI observed that Mr. Amit Gupta has charged the excess fess as the liquidator of the CD and held the prima facie view that he has inter alia violated section 35(1)(d) & (o) and 208(2)(a) & (e), regulation 4(2) of the Liquidation Regulations and regulation 7(2)(h) of IP Regulations read with clauses 1, 3 and […]
