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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 342 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 387 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 552 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


CIRP Irregular for Ignoring Mortgaged and Owned Properties NCLAT Delhi

December 8, 2025 1005 Views 1 comment Print

The tribunal held that the resolution plan was invalid because several valuable properties were omitted from the Information Memorandum. The ruling emphasises that all assets must be valued and disclosed, and security interests cannot be extinguished without legal basis.

Appeal Dismissed Due to Valid CoC Authority to Replace RP: NCLAT Delhi

December 8, 2025 630 Views 0 comment Print

Tribunal upheld CoC’s power under Section 27 to replace Resolution Professional, ruling that a pending challenge to CoC’s constitution cannot block appointment.

Provisional Attachment Order ceases by virtue of legislative scheme u/s. 32A of IBC

December 8, 2025 705 Views 0 comment Print

NCLAT Delhi held that that Provisional Attachment Order has to be treated to cease by virtue of legislative scheme under Section 32A of the Insolvency and Bankruptcy Code and there is no necessity to obtain any order by the SRA from the adjudicating authority under the PMLA.

Should India Move Towards a Debtor-In-Possession Model Like US? A Comparative Analysis

December 8, 2025 693 Views 0 comment Print

Examines whether India can adopt a Debtor-In-Possession system and concludes that only a selective or hybrid model is feasible given governance and oversight gaps.

Development agreement which stood terminated prior to CIRP do not constitute asset of corporate debtor

December 6, 2025 954 Views 0 comment Print

Supreme Court held that development right of a defaulting developer do not constitute ‘asset’ or ‘property’ of corporate debtor. Further, since the said development agreement stood terminated prior to initiation of CIRP no subsisting or enforceable right survived in favour of corporate debtor.

Rise of Pre-Pack Insolvency in India: Best Fit for MSMEs or a Risky Shortcut?

December 6, 2025 585 Views 0 comment Print

PPIRP offers a rapid, low-cost alternative to traditional insolvency but adoption remains limited due to creditor consensus requirements, NCLT delays, and low MSME awareness.

Prospective Resolution Applicant doesn’t have vested right to challenge approved resolution plan

December 5, 2025 1134 Views 0 comment Print

NCLAT Delhi held that Prospective Resolution Applicant or unsuccessful Resolution Applicant doesn’t have vested right to challenge a resolution process or an approved resolution plan. Accordingly, appeal is dismissed.

Extension of 60 days granted for execution of Scheme of Arrangement

December 5, 2025 462 Views 0 comment Print

NCLAT Chennai grants extended period of 60 days to make full and final payment for execution of Scheme of Arrangement. Accordingly, order is quashed and extension of 60 days is allowed.

Gujarat State Tax Department is secured creditor hence direction to RP to release amount justified

December 5, 2025 420 Views 0 comment Print

NCLAT Delhi held that direction to resolution professional to release the amount to Gujarat State Tax Department treating it as secured creditor under Section 48 of the Gujarat Value Added Tax Act, 2003 is justifiable as NCLT is obliged to apply decision of Supreme Court.

NCLT Approves Resolution Plan After Higher Bid Wins Swiss Challenge

December 5, 2025 858 Views 0 comment Print

The tribunal approved the resolution plan after the anchor bidder outperformed the challenger during the Swiss Challenge. The ruling sanctions a payout exceeding Rs. 12.80 crore and confirms compliance with IBC requirements.

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