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IBC 2016

Latest Articles

Voluntary liquidation under Companies Act, 2013 & IBC, 2016

Corporate Law : Explore the comprehensive process and recent amendments to voluntary liquidation in India. Understand the conditions, timeline, an...

April 13, 2024 24780 Views 1 comment Print

Revamping SME Growth: An Overview of New Manufacturing Norms In India

Corporate Law : Explore the new manufacturing norms (NMN) in India aimed at boosting SME growth. Learn about eligibility criteria, investment thre...

April 4, 2024 324 Views 0 comment Print

Exigency of Cross Border Insolvency Regime in India

Corporate Law : Explore necessity of uniform cross-border insolvency laws in India, analyzing proposed frameworks and key recommendations from reg...

April 2, 2024 219 Views 0 comment Print

Deciphering the Conundrum of Right to Claim Set-off in CIRP

Corporate Law : Explore the Supreme Court's ruling on the right to claim set-off in the corporate insolvency resolution process (CIRP), along with...

March 11, 2024 243 Views 0 comment Print

Personal Guarantor: A Gamechanger under IBC – Part 1

Corporate Law : Discover how personal guarantors under IBC 2016 transform debt recovery, making credit more accessible and ensuring accountability...

February 23, 2024 621 Views 1 comment Print

Latest News

LLP Act Amendments, Integrated IT Portal, NCLT Framework Strengthening by MCA

Corporate Law : Explore the impact of the LLP (Amendment) Act, 2021 on Ease of Doing Business, startup encouragement, and the introduction of Smal...

January 31, 2024 363 Views 0 comment Print

MCA Unveils Draft Policy for Transparent Rule & Regulation Making

Corporate Law : Explore the Ministry of Corporate Affairs draft policy for pre-legislative consultation and a comprehensive review of rules and re...

January 16, 2024 393 Views 0 comment Print

Insolvency Professionals Appointment Guidelines 2023 by IBBI

Corporate Law : Explore the Insolvency and Bankruptcy Board of India's latest guidelines (2023) for appointing Interim Resolution Professionals, L...

December 8, 2023 1665 Views 0 comment Print

Discussion paper on Real-Estate Related Proposals- CIRP & Liquidation

Corporate Law : Explore discussion paper on real estate insolvency reforms, including RERA registration, separate bank accounts, and asset exclusi...

November 7, 2023 732 Views 0 comment Print

Discussion paper on amendments to IBBI (Insolvency Resolution Process for Corporate Process) Regulations, 2016

Corporate Law : Learn about amendments to IBBI Regulations & their effects on insolvency resolution process with Discussion Paper on IBBI (IRPC) R...

November 2, 2023 393 Views 0 comment Print

Latest Judiciary

Resolution Applicant Can’t Withdraw or Modify Plan After Creditor Committee Approval: SC

Corporate Law : Detailed analysis of Deccan Value Investors L.P. & Anr vs. Dinkar Venkatasubramanian & Anr case. Supreme Court prohibits withdrawa...

April 14, 2024 267 Views 0 comment Print

After initiation of resolution process appeal not maintainable if not filed by IRP

Income Tax : Since the appellant hadn't filed the appeal through the Interim Resolution Professional as required under the resolution process, ...

April 11, 2024 168 Views 0 comment Print

New applicants barred from participating in CIRP without fresh Form G issuance: NCLAT

Company Law : NCLAT decision bars new applicants from participating in CIRP without fresh Form G issuance, impacting Mamta Binani case. Full jud...

April 10, 2024 114 Views 0 comment Print

NCLT Directs SRA to Match Total Value of Resolution Plan with Liquidation Value

Corporate Law : NCLT Allahabad directs Successful Resolution Applicant (SRA) to match total value of resolution plan with liquidation value in cas...

April 9, 2024 120 Views 0 comment Print

Once a resolution plan is approved, Substitution of same is not permissible

Corporate Law : NCLAT Delhi rejects SRA's plea for substitution in resolution plan after CoC and NCLT approval. Analysis of UV Asset Reconstructio...

April 9, 2024 213 Views 0 comment Print

Latest Notifications

IBBI warns & Penalises IP for not representing CD before NCLT effectively

Corporate Law : Read the detailed analysis of the Insolvency and Bankruptcy Board of India's disciplinary action against Ms. Jovita Reema Mathias ...

April 13, 2024 210 Views 0 comment Print

IBBI suspends IRP for sharing asset memorandum with prospective bidders

Corporate Law : Read about the IBBI's disciplinary action against Mr. Venkata Sivakumar, an Interim Resolution Professional, for sharing asset mem...

April 10, 2024 156 Views 0 comment Print

IBBI Disciplinary Committee disposes Chetan Patel Case

Corporate Law : Read about the case involving Chetan Patel, an Insolvency Professional, with detailed analysis of alleged contraventions and submi...

April 4, 2024 228 Views 0 comment Print

IBBI Circular: Withdrawal of Unclaimed Dividends – Regulation 46

Corporate Law : Read about the process for withdrawing unclaimed dividends as per Regulation 46 of the Insolvency and Bankruptcy Board of India. G...

March 24, 2024 300 Views 0 comment Print

Enhancing Transparency in Liquidation Process: IBBI’s Directive to Stakeholders

Corporate Law : Discover how IBBI aims to boost transparency in liquidation processes by involving stakeholders. Explore directives for progress r...

March 22, 2024 234 Views 0 comment Print

Applicant seeking same relief in two parallel applications is barred by doctrine of Res Sub judice

December 31, 2022 1602 Views 0 comment Print

NCLT Delhi held that seeking of same reliefs in two parallel applications against the same party is barred by doctrine of Res Sub judice. Accordingly the applicant penalized with cost of Rs. 1 Lakhs for multiplicity of proceedings and wastage of precious judicial time.

NCLT cannot declare IBC, 2016 provisions/Regulations as illegal/Ultra Virus

December 28, 2022 624 Views 0 comment Print

IBBI Vs State Bank of India & Ors (Delhi High Court) In the present case, a conjoint reading of the provisions of the IBC clearly shows that the NCLT is the adjudicating authority under the IBC. Under Section 60(5) the categories of cases which can be adjudicated have been clearly enumerated. The jurisdiction to deal […]

Treatment of statutory dues under GST law for taxpayers under IBC

December 27, 2022 4140 Views 0 comment Print

Clarification regarding the treatment of statutory dues under GST law in respect of the taxpayers for whom the proceedings have been finalised under Insolvency and Bankruptcy Code, 2016 vide Circular No. 187/19/2022-GST Dated 27th December, 2022 Circular No. 187/19/2022-GST Dated 27th December, 2022 F. No. CBIC-20001/2/2022 – GST Government of India Ministry of Finance Department […]

Resolution Plan of Sintex Industries Limited approved by CoC members is conditional and less than liquidation value

December 26, 2022 3591 Views 1 comment Print

Resolution Plan of Sintex Industries Limited approved by CoC members with conditional & less than liquidation value. Reliance Industries Ltd. wants 202.89 acres land transfer subscription prior to approval.

Withdrawal request in writ of declaration allowed

December 26, 2022 1704 Views 0 comment Print

Madras High Court has allowed withdrawal request of the petitioner in the Writ of Declaration filed in order to declare the demand order issued against the petitioner quashed in view of the resolution plan

Change In Composition of Coc will Not Affect Its Decisions prior to reconstitution

December 25, 2022 1407 Views 0 comment Print

The proviso in Regulation 12(3) of CIRP Regulations, 2016 clearly stipulates that if any decision is taken by the committee, prior to the reconstitution, which in this case is the ratification of the fees and the expenses, its validity will not be affected.

Section 60(5) of IBC 2016 is a provision with a non-obstante clause: HC

December 23, 2022 1272 Views 0 comment Print

Section 60(5) makes it discernible that it is a provision with a non-obstante clause that ‘notwithstanding anything contrary contained in any other law’ gives a jurisdiction to the NCLT to entertain or dispose of any application or proceeding by or against the corporate debtor or corporate person;

Proforma for Reporting Liquidator’s Decision(s) different from Advice of SCC

December 21, 2022 498 Views 0 comment Print

Insolvency and Bankruptcy Board of India 7th Floor, Mayur Bhawan, Connaught Place, New Delhi-110001 Circular No. IBBI/LIQ/57/2022 Dated: 21st December 2022 To All Registered Insolvency Professional All Recognised Insolvency Professional Entities All Registered Insolvency Professionals Agencies (By mail to registered email addresses and on website of the Board) Dear Madam /Sir, Subject: Proforma for reporting liquidator’s […]

Adjudicating Authority not empowered to modify conditions in resolution plan

December 20, 2022 2055 Views 0 comment Print

NCLAT Delhi held that as per provisions of section 31 of Insolvency & Bankruptcy Code, 2016, Adjudicating Authority is empowered to either accept or reject the resolution plan. Adjudicating Authority is not empowered to modify/ alter the conditions in the resolution plan.

Reporting to CICs – Report Cases admitted with NCLT/NCLAT under IBC 2016 – RBI

December 13, 2022 804 Views 0 comment Print

It is clarified that cases admitted with National Company Law Tribunal (NCLT)/National Company Law Appellate Tribunal (NCLAT) under the Insolvency and Bankruptcy Code, 2016 are also required to be reported under the suit-filed cases in reporting to the CICs.