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...
The DC notes that issue of ratification of pre-CIRP expenses to legal counsel of Bank of Baroda was first discussed by CoC in its 1st meeting dated 03.11.2017 where representatives of other bank objected to include such expenses in IRPC on ground that IRPC should include costs incurred after initiation of the CIRP and not […]
Committee of Creditors may assess whether settlement plan made under Section 12A is preferable to Resolution Plan as approved by it and could deliver a proper order.
DC observes that there is substantial gap between CoC meetings. CIRP is a time bound process and RP appointed by CoC is responsible to conduct entire CIR proceedings in a time bound manner.
IBBI notes that rule 8(3)(g) mandates an RV to mention the nature and sources of information relied upon during the valuation. Further, rule 8(3)(j) mandates the RV to mention major factors that were taken into account during the valuation. Therefore, the Authority finds that the factors considered by the RV during the valuation, and as […]
Next Education India Private Limited Vs K12 Techno Services Private Limited (Supreme Court of India) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 17-03-2021 passed by the National Company Law Appellate Tribunal (NCLAT), New Delhi, Principal Bench in Company Appeal (AT) (Insolvency) No.98/2019, by which the NCLAT has dismissed the said appeal […]
Understand the concept of Authorised Representative (AR) in Corporate Insolvency Resolution Process (CIRP). Learn about the duties, criteria, and selection process for AR, ensuring effective representation of creditors in COC meetings. Explore the role of the Interim Resolution Professional (IRP) in ascertaining the class of creditors and facilitating the appointment of AR in compliance with the Insolvency and Bankruptcy Code, 2016.
IBBI invites comments from the public, including the stakeholders, on the regulations already notified under the Code till date. The comments received between 4th May, 2023 and 31st December, 2023 shall be processed together and following the due process, regulations will be modified to the extent considered necessary.
IBC casts duty on IP to carefully plan his actions and not be negligent while performing his functions and duties under Code. It is the professional’s responsibility and duty to actively and consciously perform his functions, and there should be no lapses while discharging his functions.
Section 208(2)(a) of the Code mandates the IP to take reasonable care and diligence while performing his duties, including incurring expenses. He must, therefore, ensure that not only fee payable to him is reasonable, but also other expenses incurred by him are reasonable. The DC notes that during the personal hearing held on 28.04.2023, Mr. […]
Moser Baer Karamchari Union Vs Union of India (Supreme Court of India) By way of this writ petition under Article 32 of the Constitution of India, the petitioner – union has sought for an appropriate writ, direction or order striking down Section 327(7) of the Companies Act, 2013 as arbitrary and violative of Article 21 […]
