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 a statutory institution like CoC which is in most of the cases represented by public financial institutions is expected to act in a fair and neutral manner so that the objects of IBC, 2016 can be achieved for the benefit of all.
N.C. Goel & Maya Goel Vs Piyush Infrastructure India Private Limited (NCLT Allahabad) In this case Copies of the post-dated cheques issued by the Corporate Debtor for repayment of principal amount have been enclosed. However, these cannot be taken to be unqualified admission of debt because the presumptions drawn under section 118 and section 139 […]
Indian Bank (Appellant) Vs Charu Desai (NCLAT) Commercial wisdom of Committee of Creditors (CoC) for amount to be paid to different classes or subclasses of creditors in accordance with provisions of the IB Code and the related Regulations. Hon’ble National Company Law Appellate Tribunal (NCLAT), Principal Bench, New Delhi in Company Appeal No. 644 of […]
Kotak Mahindra Bank Limited Vs A. Balakrishnan (Supreme Court) Facts- The present appeal challenges the judgment and order passed by NCLAT, thereby allowing the appeal filed by the respondent no. 1 – Director and reversing the order passed by NCLT, whereby the application filed by the appellant under Section 7 of the Insolvency and Bankruptcy Code, 2016 was […]
NCLAT taken view that in ‘CIRP’ Process, Project-Wise Resolution to be started as a test to find out the success of such Resolution. Keeping an eye regarding construction and completion of the projects
Whether after approval of the Resolution Plan by Committee of Creditors (CoC), the claim of the creditors stood extinguished?
Section 7 application under IBC 2016 is not maintainable in case of lack of written document / evidence in the form of loan agreement, promissory note, contract or any document to substantiate its claim that there was a financial debt and a default of the same
Discussion Paper on Remuneration of an Insolvency Professional deals with issue of fee of an insolvency professional (IP) acting as interim resolution professional (IRP)/ resolution professional (RP) in corporate insolvency resolution process (CIRP)
Insolvency and Bankruptcy Board of India Insolvency Professionals to act as Interim Resolution Professionals, Liquidators, Resolution Professionals and Bankruptcy Trustees (Recommendation) Guidelines, 2022 June 08, 2022 Corporate Insolvency The Insolvency and Bankruptcy Board of India (Board) is required under the Insolvency and Bankruptcy Code, 2016 (Code) to recommend name of an Insolvency Professional (IP) for […]
Guidance note for filing intimations w.r.t. Insolvency and Bankruptcy Code (IBC) / Inter-Creditors Agreement (ICA) Notice No. 20220607-10 Notice Date 07 Jun 2022 Category Circulars Listed Companies Segment Equity Subject Guidance note for filing intimations w.r.t. Insolvency and Bankruptcy Code (IBC) / Inter-Creditors Agreement (ICA) Content The Company Secretary All Listed Companies / Interim Resolution […]
