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 NCLT held that limitation against the personal guarantor commenced when the continuing guarantee was invoked and not from the date of default. It admitted the insolvency petition after finding it was filed within the applicable limitation period.
Tribunal held that proviso to Regulation 7A allows insolvency professionals to continue assignments already underway even after their Authorisation for Assignment expires. Ruling distinguishes continuation of existing assignments from acceptance of fresh assignments.
The NCLT held that partial repayments do not wipe out a financial default once the debt has become due and remains unpaid. Finding financial debt and default established, it admitted the Section 7 insolvency application and initiated CIRP.
The NCLT held that a DRT Recovery Certificate provides a fresh cause of action, making the Section 7 application filed within three years maintainable. It admitted the CIRP after finding that financial debt and default were established.
The NCLT admitted a Section 7 insolvency application after finding that the Corporate Debtor had acknowledged its liability under the corporate guarantee. The Tribunal held that financial debt and default were established, leading to initiation of CIRP.
The Karnataka High Court disposed of the writ petition after noting that the respondent company had entered the Corporate Insolvency Resolution Process. The petitioner was granted liberty to revive the matter depending on the outcome before the NCLT.
The NCLT held that an investment made under a film production and revenue-sharing agreement did not constitute an Operational Debt. As no goods or services were provided, the Section 9 IBC petition was dismissed as not maintainable.
The NCLAT held that although the claim arose from the supply of goods and qualified as an operational debt, genuine disputes existed before the demand notice. As a result, insolvency proceedings under Section 9 of the IBC were held to be not maintainable.
This article explains why the Insolvency and Bankruptcy Code places commercial decision-making in the hands of the Committee of Creditors and limits judicial interference. It also examines the Supreme Court’s evolving jurisprudence reinforcing this principle.
The NCLT Kochi held that a loan cannot be treated as secured financial debt during CIRP where the security interest exists only over the promoters’ personal assets. It directed reclassification of the claim as unsecured financial debt and ordered reconstitution of the Committee of Creditors, if required.
