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...
INTRODUCTION As a consequence of the COVID-19 outbreak, World Economy is bleeding and strives to regain the triumph it once had. The Indian Economy is no exception and, like others, has been hit back and forth. Everyone is expecting a survival kit due to a stall of commercial operations for the past few months. The […]
Vishwanath Sharma Vs Pawan Kumar Singal (NCLT Delhi) In relation to repeated assertion made by Senior Counsel Mr. Ganda that without disposing of the Application filed by Dhankalash Distributors Pvt. Ltd in IA-2116/2021 and IA-2184/2021 challenging the constitution of the voting share percentage of the Homebuyers, which will have a significant impact on the voting […]
ADVERTISEMENT Subject:- Invitation of application for the post of Chairperson in the Insolvency and Bankruptcy Board of India established under the Insolvency and Bankruptcy Code, 2016. 1. Applications are invited for the post of Chairperson in the Insolvency and Bankruptcy Board of India, a statutory body established under the Insolvency and Bankruptcy Code (IBC), 2016. […]
Martin S.K. Golla Vs Wig Associates Pvt. Ltd. (NCLAT) The Resolution Plan of Mr. Wig who was undisputedly a related party, was accepted on 20.04.2018 in the 4th COC (Annexure – 16 – Page 248). Section 29A hits the eligibility of the persons to submit a Resolution Plan if a person falls in any of […]
In respect of fourth issue of failure to collect information about the CD from other sources, the DC notes that IP has a duty to collect all information relating to the assets, finances, and operations of the CD for determining the financial position of the CD. The DC notes that in situation when there is […]
CS, LLB, PGDBA, DSL. Pooja Ojha Modus Operandi – Pre-Packaged Insolvency Resolution Process (PIRP) The process of the Pre-Packaged Insolvency Resolution Process (PIRP) envisaged under Section 54A of the Insolvency and Bankruptcy Code, 2016 starts much before the Order is passed by the Hon’ble Adjudicating Authority, the National Company Law Tribunal (NCLT) for initiating the […]
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 […]
