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...
Understanding the impact of Insolvency & Bankruptcy Code on Non-Performing Assets. Learn how these laws can help businesses reallocate trapped cash.
Held that conjoint reading of section 33 of IBC with section 16 of the General Clauses Act, 1897 would show that the authority which has power to appoint a person, equally has the power to suspend or dismiss that person.
Supreme Court vide its order dated 12th July, 2022 held that section 7(5)(a) of Insolvency and Bankruptcy Code, 2016 (the Code), confers discretionary power on the Adjudicating Authority (AA) to admit an application of a Financial Creditor (FC) under section 7 of the Code for initiation of Corporate Insolvency Resolution Process (CIRP).
Comparison between Old Act {Insolvency and Bankruptcy Code, 2016} & New/Amended Act {Insolvency and Bankruptcy Code (Amendment) Act, 2021} Part 1 (Changes in Sections/Substituted Sections) Amendment Insolvency and Bankruptcy Code, 2016 Insolvency and Bankruptcy Code (Amendment) Act, 2021 Short title and commencement This Act may be called the “Insolvency and Bankruptcy Code, 2016” This Act […]
Akshat Pandey Vs Avighna Films Private Limited (NCLT Kolkata) As envisaged under section 5(21) of the Code, an Operational Debt means a claim in respect of the provision of goods or services including employment or a debt in respect of the re-payment of dues arising under any law for the time being in force and […]
DC notes that Mr. Dilip Kumar Niranjan should have been more careful and vigilant in conducting the CIRP and should have been cautious and prompt in discharging his duties as an IRP of the CD. The Code, like any other economic law is evolving over period. The jurisprudence around home buyers is also being fortified […]
With respect to the claim collation, Section 18 (b) provides that IRP receives and collate all the claims submitted by creditors to him, pursuant to the public announcement made under sections 13 and 15. Further Section 25 (2) (e) makes RP responsible to maintain an updated list of claims. On the issue of substantiation of […]
Jaipur Trade Expocentre Private Limited Vs Metro Jet Airways Training Private Limited (NCLAT Delhi) We have noticed above that Section 3(33) of the Code deals with ‘transaction’. Agreement dated 15.04.2017 is fully covered within the meaning of word ‘transaction’ as defined in Section 3(33). We may also need to look into the meaning of expression […]
Explore the importance of objectivity in valuation and the potential threats that can compromise it, including self-interest and advocacy.
Discover the importance of professional behavior for valuers registered with IBBI. Learn about the qualifications, ethics, and unbiased approach required for reliable valuations.
