Corporate Law : NCLAT held that the CoC may decide to liquidate a corporate debtor under Section 33(2) before inviting resolution plans, with limi...
Corporate Law : This article explains why the Insolvency and Bankruptcy Code places commercial decision-making in the hands of the Committee of Cr...
Corporate Law : The article explains how the NCLAT interpreted Section 66(1) to extend liability beyond company insiders to third parties who know...
Corporate Law : The Supreme Court held that individuals investing for financial returns rather than home ownership cannot invoke Section 7 of the ...
Corporate Law : The High Court held that a company cannot shift its registered office after approval of a resolution plan when appeals against the...
Corporate Law : IBBI has proposed amendments to CIRP, Liquidation, and Personal Guarantor Regulations to improve valuation, clarify RP duties, sim...
Corporate Law : The proposed amendments require comprehensive project-wise disclosures, technical assessments, and mandatory information in resolu...
Corporate Law : The Ministry of Corporate Affairs highlighted that the IBC resolution process facilitated creditor recoveries exceeding ₹4 lakh ...
Corporate Law : The IBBI has announced contractual vacancies for Research Associates and Consultants in law and business management disciplines. T...
Corporate Law : The Supreme Court upheld joint insolvency proceedings against two interconnected real estate companies due to common management an...
Corporate Law : Bombay HC held that Section 14 IBC moratorium does not prevent deemed conveyance under Section 11 MOFA and restored the society's ...
Company Law : Kerala HC held Rule 55 empowers NCLT to accept additional pleadings, setting aside refusal to entertain further objections in a Se...
Corporate Law : NCLAT held that invoice discounting through the TReDS platform does not convert operational debt into financial debt. The appeal w...
Corporate Law : Supreme Court held that a Section 7 IBC application can proceed despite pending winding-up proceedings where no irreversible stage...
Corporate Law : NCLT admitted the Section 9 petition after holding that campaign-related emails did not constitute a genuine pre-existing dispute....
Corporate Law : IBBI cancelled an IP’s registration over systemic CIRP misuse, flawed valuations, non-disclosures, compliance failures and lack ...
Corporate Law : IBBI has released the Phase 10 syllabus for the Limited Insolvency Examination, effective from October 1, 2026, to reflect evolvin...
Corporate Law : The First Appellate Authority directed the CPIO to dispose of the RTI application after finding it was not decided within the 30-d...
Corporate Law : The Disciplinary Committee found that the Resolution Professional delayed admission of a financial creditor's claim and failed to ...
Corporate Law : The Disciplinary Committee imposed a two-year suspension after finding failures in claim verification, unauthorized financial deci...
The issue was whether an RVO could grant conditional enrolment to an unqualified applicant. The authority held that such enrolment violates valuation rules. The key takeaway is that only fully eligible candidates can be admitted.
The tribunal held that insufficient stamping of a loan agreement does not invalidate insolvency proceedings. Default was established through other documentary evidence. The ruling emphasizes substance over technical defects.
Insolvency plea was quashed as insolvency applications filed during the subsistence of an interim moratorium were void ab initio even if the original proceedings were later withdrawn.
इस विश्लेषण में बताया गया कि दिवाला कानून अपेक्षित समय में समाधान देने में विफल रहा और रिकवरी केवल 30% तक सीमित रही। संशोधन विधेयक 2025 ने प्रक्रिया तेज करने और दुरुपयोग रोकने के उपाय सुझाए, लेकिन व्यावहारिक सुधार अभी भी आवश्यक हैं।
Bombay High Court held that writ petition cannot be entertained in the face of availability of alternative remedy of approaching the NCLAT since claim of violation of principles of natural justice not established. Accordingly, writ petition dismissed.
The amendment allows financial creditors to directly initiate insolvency with prior approvals, reducing delays. It ensures faster resolution and greater creditor control in insolvency proceedings.
The study found that most MSME insolvency cases are resolved before admission, highlighting gaps in data and process efficiency. It recommends reforms to improve transparency, recovery, and early settlements.
The tribunal upheld rejection of a resolution applicant’s EOI for not meeting the minimum net worth requirement set by the CoC. It ruled that MSME status does not exempt compliance with eligibility criteria fixed under IBC.
The issue concerns whether companies can distribute funds before applying for strike off. It is clarified that presence of assets mandates formal winding up under law.
The authority held that accepting a plan from a non-listed applicant violated Regulation 39. The breach led to disciplinary action and suspension for three years
