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 Bombay High Court dismissed a writ petition after holding that the petitioner had an effective statutory remedy before the NCLAT under Section 61 of the IBC. The Court ruled that writ jurisdiction cannot ordinarily be invoked when such an alternative remedy exists.
The article explains how the NCLAT interpreted Section 66(1) to extend liability beyond company insiders to third parties who knowingly participate in fraudulent conduct. It highlights the shift toward creditor-focused value recovery under the IBC.
The Tribunal found the amalgamation application maintainable and noted compliance with valuation, accounting standards, board approvals, and disclosure requirements. It allowed the first motion application while directing further statutory compliances before sanction of the Scheme.
The NCLT initiated bankruptcy proceedings after finding that the personal guarantor failed to submit a repayment plan during the insolvency resolution process. It held that the statutory requirements under the Insolvency and Bankruptcy Code had been substantially complied with.
The Kerala High Court held that a fresh writ petition seeking identical reliefs was not maintainable after an earlier petition on the same cause had been withdrawn without liberty. It ruled that the second petition violated the doctrine of finality of litigation.
The NCLT refused further extension of the insolvency process after finding no resolution plan, no prospective applicant, and no realistic prospect of resolution. The Tribunal recalled the admission orders and terminated the CIRP.
The Tribunal found that the first payment due under the approved resolution plan remained entirely unpaid despite repeated opportunities. The inability or unwillingness to honour financial commitments under the plan led to liquidation of the Corporate Debtor.
The case examined whether insolvency proceedings against a guarantor could continue after resolution plans for principal borrowers were approved. The Tribunal ruled that the guarantee remained enforceable as no actual discharge of liability had occurred.
The Disciplinary Committee imposed a two-year suspension after finding failures in claim verification, unauthorized financial decisions, and improper treatment of homebuyers’ claims during the insolvency process.
The Disciplinary Committee held that non-disclosure of the assignment of assets worth over ₹5,456 crore in Form H amounted to a serious lapse in transparency. It emphasized that material details affecting creditor recoveries must be accurately reflected in compliance certificates submitted to the Adjudicating Authority.
