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IBC 2016

Latest Articles


Empowering CoC: Irrevocable Decision to Liquidate Under Section 33(2) of IBC

Corporate Law : NCLAT held that the CoC may decide to liquidate a corporate debtor under Section 33(2) before inviting resolution plans, with limi...

June 30, 2026 204 Views 0 comment Print

Sovereignty of Commercial Wisdom: Balancing Creditor Autonomy & Judicial Oversight under IBC

Corporate Law : This article explains why the Insolvency and Bankruptcy Code places commercial decision-making in the hands of the Committee of Cr...

June 25, 2026 339 Views 0 comment Print

Section 66 IBC Expanded as NCLAT Recognised Third-Party Liability

Corporate Law : The article explains how the NCLAT interpreted Section 66(1) to extend liability beyond company insiders to third parties who know...

June 19, 2026 408 Views 0 comment Print

Homebuyers as Financial Creditor: Genuine Homebuyer V. Speculative Investor

Corporate Law : The Supreme Court held that individuals investing for financial returns rather than home ownership cannot invoke Section 7 of the ...

June 8, 2026 384 Views 0 comment Print

Calcutta HC Bars Shifting of Registered Office If IBC Appeal Pending

Corporate Law : The High Court held that a company cannot shift its registered office after approval of a resolution plan when appeals against the...

June 8, 2026 270 Views 0 comment Print


Latest News


IBBI proposes amendments to CIRP, Liquidation & Personal Guarantor Regulations

Corporate Law : IBBI has proposed amendments to CIRP, Liquidation, and Personal Guarantor Regulations to improve valuation, clarify RP duties, sim...

July 3, 2026 381 Views 0 comment Print

IBBI Proposes Real Estate CIRP Reforms for Stronger Protection for Homebuyers

Corporate Law : The proposed amendments require comprehensive project-wise disclosures, technical assessments, and mandatory information in resolu...

July 2, 2026 189 Views 0 comment Print

IBC resolution process facilitated realisation of over ₹4 lakh crore for creditors

Corporate Law : The Ministry of Corporate Affairs highlighted that the IBC resolution process facilitated creditor recoveries exceeding ₹4 lakh ...

May 29, 2026 351 Views 0 comment Print

IBBI Invites Applications for Research Associates & Consultants

Corporate Law : The IBBI has announced contractual vacancies for Research Associates and Consultants in law and business management disciplines. T...

May 26, 2026 549 Views 0 comment Print

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 465 Views 0 comment Print


Latest Judiciary


Section 11 MOFA Deemed Conveyance Not Barred by Section 14 IBC Moratorium: Bombay HC

Corporate Law : Bombay HC held that Section 14 IBC moratorium does not prevent deemed conveyance under Section 11 MOFA and restored the society's ...

July 5, 2026 273 Views 0 comment Print

Additional Objections Permissible in Section 7 IBC Proceedings: Kerala HC

Company Law : Kerala HC held Rule 55 empowers NCLT to accept additional pleadings, setting aside refusal to entertain further objections in a Se...

July 4, 2026 93 Views 0 comment Print

Factoring of Trade Receivables Does Not Convert Operational Debt into Financial Debt: NCLAT Delhi

Corporate Law : NCLAT held that invoice discounting through the TReDS platform does not convert operational debt into financial debt. The appeal w...

July 4, 2026 135 Views 0 comment Print

Pending Winding-Up Proceedings Do Not Bar Independent Section 7 IBC Application Unless Irreversible Stage Is Reached: SC

Corporate Law : Supreme Court held that a Section 7 IBC application can proceed despite pending winding-up proceedings where no irreversible stage...

July 3, 2026 99 Views 0 comment Print

NCLT Admits Insolvency Petition Because No Genuine Pre-Existing Dispute Was Established

Corporate Law : NCLT admitted the Section 9 petition after holding that campaign-related emails did not constitute a genuine pre-existing dispute....

July 3, 2026 132 Views 0 comment Print


Latest Notifications


IBBI Cancels IP Registration for Systemic CIRP Misuse & Due Diligence Failures

Corporate Law : IBBI cancelled an IP’s registration over systemic CIRP misuse, flawed valuations, non-disclosures, compliance failures and lack ...

July 4, 2026 789 Views 0 comment Print

IBBI publishes syllabus for Phase 10 of Limited Insolvency Examination

Corporate Law : IBBI has released the Phase 10 syllabus for the Limited Insolvency Examination, effective from October 1, 2026, to reflect evolvin...

July 1, 2026 270 Views 0 comment Print

IBBI RTI Appeal Allowed as CPIO Failed to Respond Within Statutory Time Limit

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...

June 30, 2026 201 Views 0 comment Print

IBBI Penalises RP for Defying NCLT Orders on Financial Creditor Claim

Corporate Law : The Disciplinary Committee found that the Resolution Professional delayed admission of a financial creditor's claim and failed to ...

June 25, 2026 318 Views 0 comment Print

IBBI Suspends Insolvency Professional Over Multiple CIRP Lapses in Real Estate Case

Corporate Law : The Disciplinary Committee imposed a two-year suspension after finding failures in claim verification, unauthorized financial deci...

June 16, 2026 423 Views 0 comment Print


IBBI Penalises IP for Allowing Suspended Directors to Run Operations Without Approval

January 13, 2026 1359 Views 0 comment Print

The regulator held that handing over management and operations to the suspended board without CoC approval violates core CIRP duties. The key takeaway is that IRPs/RPs must retain control and seek approval or ratification for any delegation.

CIRP against Damara Gold P. Ltd. initiated as debt and default of financial debt proved

January 12, 2026 447 Views 0 comment Print

NCLT Mumbai held that the Corporate Debtor [Damara Gold Private Limited] has committed a default in repaying the financial debt to the Financial Creditor [M/s. Punjab National Bank]. Accordingly, application u/s. 7 of IBC for initiation of CIRP admitted.

NCLT Rejection of Resolution Plan Appealable Under IBC Framework: Kerala HC

January 11, 2026 999 Views 0 comment Print

The Court examined whether an order rejecting a resolution plan could be appealed under the IBC. It held that appeals lie against both approval and rejection orders, directing parties to approach NCLAT instead of invoking writ jurisdiction.

Demand Notice Valid Despite Missing Default Date in Invoice-Based Claims: NCLAT Chennai

January 11, 2026 654 Views 0 comment Print

The issue was whether absence of a default date invalidates an invoice-based demand notice. NCLAT held that Form-4 notices do not require a specific default date and restored the insolvency application.

Liquidator Cannot Recover Disputed Contractual Dues Under Insolvency Jurisdiction

January 11, 2026 624 Views 0 comment Print

The issue was whether disputed receivables could be recovered through NCLT during liquidation. The tribunal held that uncrystallised contractual claims fall outside Section 60(5) of the IBC.

Section 7 CIRP Petition Barred as Default Fell Within COVID-19 Period

January 11, 2026 459 Views 0 comment Print

The Appellate Tribunal upheld dismissal of a CIRP application after finding that the creditor’s own pleadings fixed the default during the Section 10A exclusion period. The key takeaway is that insolvency proceedings are permanently barred for such defaults.

Personal Guarantor Insolvency Must Go to NCLT Because Corporate CIRP Was Admitted

January 11, 2026 9639 Views 0 comment Print

The Bombay High Court held that insolvency proceedings against personal guarantors cannot continue before the DRT once CIRP of the corporate debtor is underway. Such proceedings must lie exclusively before the NCLT. The key takeaway is that Section 60 of the IBC overrides DRT jurisdiction in these cases.

Resolution profession required to repossess shares held in any subsidiaries of Corporate Debtor

January 10, 2026 486 Views 0 comment Print

NCLAT Delhi held that Resolution Professional is required to take control and custody of any assets for which the Corporate Debtor has ownership right including the assets that may or may not be in possession of the Corporate Debtor. Thus, section 18(1) of IBC enables resolution profession to repossess shares held in any subsidiaries of Corporate Debtor.

Registration of IP Cancelled for Filing Personal Insolvency Without Guarantee Deed

January 8, 2026 501 Views 0 comment Print

IBBI cancelled an insolvency professional’s registration for initiating personal guarantor insolvency without verifying or annexing the mandatory guarantee document.

Homebuyer Claims vs Financial Creditor Status: Evolving Jurisprudence under IBC

January 8, 2026 792 Views 0 comment Print

Courts are increasingly questioning whether all homebuyer claims qualify as financial debt. The key takeaway is a shift toward transaction-based scrutiny rather than automatic classification.

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