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IBC 2016

Latest Articles


No More Technical Escapes: SC Settles Law on Guarantee Validity, Stamping & Disclosures in CIRP

Corporate Law : The Supreme Court held that liabilities arising from corporate guarantees qualify as financial debt under Section 5(8) of the Inso...

May 21, 2026 240 Views 0 comment Print

SC on Shortfall Undertakings as Financial Debt: China Development Bank v. Doha Bank

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...

May 21, 2026 192 Views 0 comment Print

Ambiguous Position of Indian Tax Debts in Waterfall Mechanism

Corporate Law : The article examines how conflicting Supreme Court judgments in Rainbow Papers and Raman Ispat created uncertainty regarding the s...

May 18, 2026 327 Views 0 comment Print

IBC (Amendment) Act, 2026 open gateways for early intervention through CIIRP (Chapter IV-A (Sections 58A–58K) – Let’s Decode CIIRP

Corporate Law : The IBC (Amendment) Act, 2026 introduces CIIRP as a faster and proactive insolvency mechanism for early-stage financial stress. Th...

May 15, 2026 276 Views 0 comment Print

Insolvency As A Strategic Pressure Tool and How Courts are Pushing Back

Corporate Law : Explains how the Court held that insolvency proceedings cannot be used as a pressure tactic for debt recovery. Even if default is ...

May 5, 2026 222 Views 0 comment Print


Latest News


Latest Case Law Related to IBC 2016: January to March 2026

Corporate Law : The Supreme Court upheld joint insolvency proceedings against two interconnected real estate companies due to common management an...

May 21, 2026 153 Views 0 comment Print

IBBI Issues 2026 Guidelines for Insolvency Professional Appointments

Corporate Law : 2026 Guidelines streamline selection of Insolvency Professionals for IRP, RP, Liquidator, and Bankruptcy Trustee roles, ensuring t...

May 19, 2026 2196 Views 1 comment Print

IBBI Proposes Amendments to IBBI (Liquidation Process) Regulations, 2016

Corporate Law : The amendments replace the consultation committee with CoC oversight, giving creditors greater control over liquidation decisions....

April 17, 2026 339 Views 0 comment Print

IBBI Proposes Creditor-Led Insolvency Framework to Enable Faster Resolution

Corporate Law : The proposal focuses on enabling creditors to initiate resolution while retaining debtor management under supervision. It sets out...

April 17, 2026 348 Views 0 comment Print

IBBI Proposes Amendments Due to Introduction of ‘Service Provider’ Definition

Corporate Law : The amendments arise from the inclusion of a unified “service provider” definition under the Code. The move expands regulatory...

April 15, 2026 360 Views 0 comment Print


Latest Judiciary


NCLT Orders Dissolution as All Assets Were Liquidated & Distributed Under Section 53

Corporate Law : NCLT Indore held that dissolution under Section 54 of the IBC was justified after all assets of the corporate debtor were liquidat...

May 22, 2026 93 Views 0 comment Print

NCLT Admits CIRP as OTS Proposal Remained Unimplemented Despite Repeated Extensions

Corporate Law : NCLT Mumbai held that ongoing One-Time Settlement discussions cannot defeat insolvency proceedings when debt and default are admit...

May 22, 2026 81 Views 0 comment Print

Subsidiary Company Assets Cannot Form Part of Parent Company Insolvency: NCLAT Delhi

Corporate Law : NCLAT held that foreign oil and gas assets owned through Videocon subsidiaries could not be included in the CIRP of Videocon Indus...

May 22, 2026 96 Views 0 comment Print

NCLT Directs Liquidation After 741-Day CIRP Expires Without Approved Resolution Plan

Corporate Law : Tribunal noted that the CIRP period, including all extensions, had reached 741 days and expired on 20 November 2025. Since no plan...

May 22, 2026 120 Views 0 comment Print

NCLT Orders Liquidation After CoC Rejects All Resolution Plans With Majority Vote

Corporate Law : The NCLT Mumbai held that liquidation became mandatory under Section 33(2) of the IBC after the Committee of Creditors rejected al...

May 22, 2026 141 Views 0 comment Print


Latest Notifications


IBBI Pre-Packaged Insolvency Resolution Process) (Second Amendment) Regulations, 2026

Corporate Law : The amendment bars related parties, recent auditors, and connected persons from acting as registered valuers in pre-pack insolvenc...

May 21, 2026 150 Views 0 comment Print

IBBI (Liquidation Process) (Third Amendment) Regulations, 2026

Corporate Law : The IBBI amended the Liquidation Process Regulations, 2016 to allow appointment of one registered valuer for each asset class in M...

May 21, 2026 168 Views 0 comment Print

IBBI (Insolvency Resolution Process for Corporate Persons) (Second Amendment) Regulations, 2026

Corporate Law : The IBBI amended the CIRP Regulations, 2016 to permit appointment of one set of registered valuers for MSME corporate debtors. The...

May 21, 2026 174 Views 0 comment Print

IBBI (Model Bye-Laws and Governing Board of Insolvency Professional Agencies) (Amendment) Regulations, 2026

Corporate Law : The IBBI Amendment Regulations, 2026 introduce nominee directors on IPA governing boards and strengthen oversight mechanisms. The ...

May 14, 2026 234 Views 0 comment Print

Insolvency Professional Suspended for Repeated Delays in Liquidation Compliance

Corporate Law : The order highlights that delayed applications, late progress reports, and non-compliance with filing requirements amounted to ser...

May 7, 2026 306 Views 0 comment Print


Insolvency Plea Rejected for Attempt to Avoid Maintenance Payment

December 1, 2025 291 Views 0 comment Print

The Court held that insolvency law cannot be used to sidestep a maintenance order. It ruled that the petitioner’s plea lacked legal foundation and refused to declare him insolvent.

Resolution plan post approval of CoC and meeting Section 30(2) requirement stands approved

December 1, 2025 729 Views 0 comment Print

NCLT Mumbai held that resolution plan of Unijules Life Sciences Limited [Corporate Debtor] as submitted by S.S. Fabricators & Manufacturers P. Ltd. [Successful Resolution Applicant] approved since it is duly approved by CoC and also meets requirement of Section 30(2) of the IBC.

Evolving Liability Framework of Personal Guarantors Under IBC, 2016

December 1, 2025 1086 Views 1 comment Print

Explains how recent judicial interpretations under the Code have strengthened creditor rights by upholding independent and co-extensive guarantor liability.

Judicial View on Zero-Coupon Instruments & Section 7 IBC Maintainability

December 1, 2025 747 Views 0 comment Print

Explains how courts held that even interest-free debentures may qualify as financial debt if they show the commercial effect of borrowing, allowing Section 7 applications by trustees.

Insolvency Plea Rejected for Failure to Prove Mandatory Notice Service

November 30, 2025 336 Views 0 comment Print

The tribunal dismissed the Section 9 application because the applicant failed to establish valid service of the Section 8 notice. The ruling stresses that insolvency proceedings cannot commence without strict compliance with notice requirements.

SEBI’s Recall Plea Rejected; Fraud Allegation No Ground to Revisit Delay Order

November 30, 2025 318 Views 0 comment Print

The Tribunal held that fraud allegations concerning the CIRP could not justify recalling a delay-condonation order. The recall application was dismissed as outside permissible grounds.

Liquidation Challenges in India under IBC: Ground Realities & Case Studies

November 30, 2025 936 Views 0 comment Print

Liquidation is operationally and legally more complex than CIRP. Delays, missing records, low asset realisation, and statutory hurdles often impede timely closure.

CIRP Threshold Not Met Under Section 9 Because Interest Could Not Be Added to Principal

November 29, 2025 669 Views 0 comment Print

The Tribunal found that the creditor’s reliance on invoice-based interest was insufficient because the invoices lacked the debtor’s consent. Consequently, the principal amount alone was considered, which did not meet the statutory threshold. The case underscores the requirement that interest must be contractually established to count toward default.

Bank can proceed against one or all personal guarantors of Corporate Debtor u/s. 95 of IBC

November 29, 2025 225 Views 0 comment Print

NCLAT Delhi held that bank can proceed against one or all personal guarantors of Corporate Debtor u/s. 95. Merely because bank proceeded against only one personal guarantor cannot be any reason to reject any application u/s. 95 of IBC.

Recent SC Judgments on IBC: Key Takeaways for RPs, Lenders & Investors

November 29, 2025 1329 Views 0 comment Print

A breakdown of major SC decisions tightening due diligence, limiting judicial interference, and redefining the finality of resolution plans under the IBC.

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