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...
Held that the petition filed by financial creditors (home buyers) is admitted and principal amount paid to corporate debtor is also accepted as financial debt.
Once a successful bidder had accepted and purchased the Corporate Debtor in slump sale under IBC, the bidder could not request to convert that sale into a sale of Corporate Debtor as a going concern from slump sale as it would affect the rights of members of the stakeholders’ committee prejudicially .
Whether order of the Adjudicating Authority (‘NCLT’) can be challenged in a proceeding under Article 226, has been, recently, analysed in the matter of Tharakan Web Innovations Pvt. Ltd. Vs. National Company Law Tribunal (1st February, 2022) in W.P. (C) Nos. 27636 of 2020 & 14158 of 2021 before Kerla High Court.
Explore the key insights from the NCLAT Judgements Compendium for September 2021 on IBC, 2016. Gain a concise overview of significant cases, including discussions on pre-existing disputes, withdrawal of funds during CIRP, and adherence to statutory timelines. Stay informed about the latest rulings and enhance your understanding of the nuances in insolvency proceedings.
Held that being a third-party, Amazon.com cannot question the initiation of CIRP proceedings u/s 7 of IBC 2016 against the Corporate Debtor.
Held that operational creditor can trigger CIRP process only in case of undisputed debt and default in payment thereof. However, if the debit is disputed, the application of the operational creditor for CIRP process cannot be admitted.
Delta Electro Mechanical Pvt. Ltd. Vs Sahara Hospitality Ltd. (NCLT Mumbai) NCLT Terminates CIRP of Sahara Hospitality as parties signed settlement whereby the parties have agreed to settle disputes amongst each other for an amount of Rs. 8,00,00,000/ The present application is filed under Section 12A of the Insolvency and Bankruptcy Code, 2016 read with […]
The DC notes that RP is required to seek a vote of the members who did not vote at the meeting on the matters listed for voting, by electronic voting system in accordance with the provision of regulation 25(5) & 26 of the CIRP Regulation. Regulation 25(5) states that voting window shall be kept open […]
The NCLT vide its order dated 18th July, 2022 terminated the corporate insolvency resolution process (CIRP) initiated against Videocon Infinity Infrastructure Private Limited (CD) and imposed a penalty of penalty of Rs.50 lakh on FC under section 65 of the Code.
NCLT held that suspended management must be provided with copy of resolution plan. However, resolution professional can take an undertaking from members of erstwhile Board of Directors to maintain confidentiality.
