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...
NCLAT JUDGEMENT SUMMARY FOR THE MONTH OF MAY’ 2021 ON IBC, 2016 It gives us immense pleasure to share our 3rd Edition of NCLAT Judgement Summary for the month of May’ 2021 covering summary/ gist of finding of the Hon’ble NCLAT. The Judgement summary prepared by us is for the purpose of understanding in short […]
IBBI shall invite expression of interest (EOI) from IPs, in Form A, by sending an e-mai1 to IPs at their email addresses registered with the Board. Accordingly, an e-mail has been sent to your email ID registered with the Board, seeking EOI for appointment as IRP, Liquidator, RP and BT from July 1, 2021 to December 31, 2021, as per aforesaid guidelines.
Critical Analysis of Supreme Court (SC) Ruling That Allows Lenders To Initiate Insolvency Proceedings Against Personal Guarantors INTRODUCTION A Division bench of the Hon’ble Supreme Court comprising of Justice L. Nageswara Rao and Justice S. Ravindra Bhat, on Friday pronounced a ruling that is destined to have a profound impact on the entire business community […]
Supreme Court Laxmi Pat Surana Vs. Union Bank of India & Anr. [CA No. 2734/2020] An FC had extended a credit to a proprietorship firm, which failed to repay the amount. The credit was guaranteed by a company. The FC filed an application under section 7 for CIRP of the CD (guarantor company). The application […]
Executive Engineer of Uttar Gujrat VIJ Company Ltd. Vs Devang P Samapat RP of M/s. Kanoovi Foods Pvt. Ltd. (NCLAT Delhi) If the electricity consumption was for manufacturing and output of the Biscuits which is the normal operation of the Corporate Debtor, in that case dues arising from such supply of electricity during moratorium would […]
Liability of Personal Gurantor under IBC with reference to Lalit Kumar Jain VS Union of India TRANSFERRED CASE (CIVIL) NO. 245/2020 The Liability of Personal gurantor is comparatively more riskier than any other Creditor as the gurantors personal asset shall be liable and can be attached with the Resolution Plan. But there is a option […]
Supreme Court Upholds Provisions of Insolvency And Bankruptcy Code on Insolvency of Personal Guarantors The Supreme Court in Lalit Kumar Jain vs UOI & Ors (Judgement) has upheld the validity of the notification dated November 15, 2019 (Notification). The Notification had brought into force certain provisions along with the rules under the Insolvency and Bankruptcy […]
Brief History and Rationale behind the IBC The bankruptcy code is a one stop solution for resolving insolvencies which previously was a long process that did not offer an economically viable arrangement. The code aims to protect the interests of small investors and make the process of doing business less cumbersome. Previously in India there […]
Provisions of the IBC was having overriding effect over other laws and the same would prevail in view of Section 238 of the Code. Hence, the proceedings initiated against assessee under Section 7(1) of the Act, 2004 was quashed.
Insolvency and Bankruptcy Code, 2016 was enacted with an aim to consolidate and amend the laws relating to reorganization and insolvency resolution of corporate persons, partnership firms, and individuals in a time-bound manner for maximization of value of assets of such persons, to promote entrepreneurship, availability of credit and balance the interests of all the […]
