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...
Himachal Pradesh High Court held that PMLA [Prevention of Money Laundering Act, 2002] would cease the power to attach the property when the order of liquidation has already been passed.
Rajasthan State Mines & Minerals Ltd Vs Parag Sheth & Ors (NCLAT Delhi) It is observed that direction issued by the Adjudicating Authority are final direction allowing an application filed by the RP without issuing notice to the Appellant. Learned Counsel for the Appellant submits that the directions could not have been issued without hearing […]
DC is of the view that two serious contraventions have established beyond doubt. Firstly his non-cooperation to inspecting and investigating authority is in grave violation of Regulation 4(4), Regulation 4(7), Regulation 8 (4) and Regulation 8(8)of the Inspection and Investigation Regulations; Clause 18 and Clause 19 of the Code of Conduct. Furthermore, authority of the […]
Explore the efficacy of Reverse CIRP in addressing issues faced by allottees/buyers of properties. Analyze the impact of legal decisions on this insolvency resolution process.
The DC notes that Preamble of the Code makes it clear that all out efforts are to be made for resolution of the Corporate Debtor. CoC having sole FC has shown undue haste in reaching the conclusion, that CD has to be pushed towards direct liquidation. In the process, it discouraged the RP from even […]
Explore various exit modes for voluntary winding up of a company, including strike off and winding up under the Companies Act and Insolvency and Bankruptcy Code.
Insolvency and Bankruptcy Board of India 7th Floor, Mayur Bhawan, Connaught Place, New Delhi – 110 001 Circular No. IBBI/LAD/58/2023 04th March, 2023 To All Registered Insolvency Professionals All Recognised Insolvency Professional Entities All Registered Insolvency Professional Agencies (By mail to registered email addresses and on website of the IBBI) Dear Madam / Sir, Subject: Serving […]
Notification No. 09/2023- Income Tax Dated: 01st March, 2023 CBDT notifies Tax Exemption to Insolvency and Bankruptcy Board of India, a Board established by the Central Government, in respect of specified income under section 10(46) of Income Tax Act, 1961. MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF DIRECT TAXES) Notification No. 09/2023- Income […]
NCLAT Delhi held that regulation 33 of Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016, the operational credit (i.e. the person filing CIRP application) is liable to bear the expense/ fees of Interim Resolution Professional.
IBBI notes the submission of Ms. Gunjan Agarwal that she has done aging analysis of trade receivables and thereby categorized in six categories A (15%) to E (2.5%) and that some debtors whose balance consists of 2 categories, i.e., within 2 years and also included an amount outstanding for more than 2 years, accordingly FV […]