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...
Ashish Chaturvedi Vs Inox Leisure Limited (NCLAT Delhi) With regard to the argument of the Learned Counsel of the Appellants that the Adjudicating Authority has imposed the penalty on the two ex-directors by invoking provisions of the Companies Act, 2013, and thus passed the Impugned Order by travelling beyond their jurisdiction, we are of the […]
Whether Financial Creditor of Holding Company Considered as Financial Creditor of Subsidiary in Case Loan to Holding Company Is Secured by Subsidiary Anuj Jain Interim Resolution Professional for Jaypee Infratech Limited Vs Axis Bank Limited Etc. (Supreme Court), Appeal Number : Civil Appeal Nos. 8512-8527 Of 2019, Date of Judgement/Order : 26/02/2020 Sub: The case essentially […]
In the instant matter, the SBI had made a complaint to CBI on 4th January, 2021 requesting it to lodge the complaint and carry out a detailed investigation into the fraudulent activities committed intentionally and knowingly by Shri. Paruchuri Kumar and his family members in collusion with the advocates, valuers, Sri Abdul Rawoof Pasha and […]
Go Airlines (India) Ltd. Vs Sovika Aviation Services Pvt. Ltd. (NCLAT Delhi) Heard Shri Krishnendu Datta, learned senior counsel for the Appellant and Shri Ritin Rai, learned senior counsel appearing for the Respondent. This Appeal has been filed against the order dated 23.09.2021 passed by the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench by […]
In Re Vinod Tarachand Agrawal Resolution Profession of Mayfair Leisures Limited (NCLAT Delhi) The Ld counsel for the appellant has stated that the exclusion of 90 days from the CIRP of the CD would save the company from ‘Liquidation’. It was also pointed out by the ld. Counsel that there was a ‘Prospective Resolution Applicant’ […]
Shapoorji Pallonji Finance Private Limited Vs Rekha Singh (NCLT Jaipur) Facts- The Company Petition No. (IB)- 27/95/JPR/2021 has been filed by Shapoorji Pallonji Finance Private Limited, the Financial Creditor, under Section 95 of IBC, 2016 to initiate insolvency resolution process in the case of Shri Ajay Singh (Personal Guarantor / Applicant) under Section 60 & […]
Babulal Vardharji Gurjar Vs Veer Gurjar Aluminium Industries Pvt. Ltd. & anr. (Supreme Court), Appeal Number : Civil Appeal No. 6347 of 2019, Date of Judgement/Order : 14/08/2020 Limitation Period Is 3 Years Even If Default Fall Before Enactment Of IBC,2016 The Apex Court held that :- Limitation period for initiation of CIRP is 3 […]
Maharasthra Seamless Ltd. vs. Padmanabhan Venkatesh (Supreme Court) Supreme Court Rule That The liquidation value of assets can be higher than the bid under the corporate insolvency resolution process. The Supreme Court in a significant judgment concerning provisions of the Insolvency and Bankruptcy Code (IBC), 2016 made it clear that it is not necessary that […]
Satyanarayan Bankatlal Malu Vs IBBI (Bombay High Court) It can be noticed that under Section 435 of the Companies Act, Special Court, comprising of Sessions Judge or Additional Sessions Judge, was in place since 2013 and it retained its jurisdiction to try the offences under the Companies Act. Amendment of 2017, for the first time brought […]
Ravi Iron Ltd. Vs Jia Lal Kishori Lal (NCLAT Delhi) When the Application under Section 9 of the IBC Code comes with date of default and no other reasons given in the Application or any details for extension of limitation, we see no ground to hold that Application was well within time. The submission of […]