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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


Proceedings u/s. 95 of IBC not vitiated as demand notice duly served to personal guarantors

November 4, 2025 654 Views 0 comment Print

NCLAT Chennai held that demand notice has been duly served on the personal guarantors and hence proceedings under section 95 of the Insolvency and Bankruptcy Code, 2016 cannot be said to be vitiated. Accordingly, order quashed and proceedings remanded back.

Replacement of liquidator accepted as approved by majority Stakeholders Consultation Committee

November 4, 2025 612 Views 0 comment Print

NCLT Kochi held that application under Regulation 31A(11) of the IBBI (Liquidation Process) Regulations, 2016 valid as Stakeholders’ Consultation Committee [SCC] with majority vote has resolved to replace the present liquidator.

IBBI Mandates IP Undertaking for PMLA Asset Restitution

November 4, 2025 843 Views 0 comment Print

IBBI advises IPs to seek restitution of ED-attached assets under PMLA, requiring a standard undertaking for Special Courts, ensuring asset usage controls and ED cooperation.

Order of District Consumer Commissioner after imposition of moratorium u/s. 14 of IBC is not maintainable

November 3, 2025 825 Views 0 comment Print

Bombay High Court held that order of District Consumer Dispute Redressal Commission passed after imposition of moratorium u/s. 14 of Insolvency and Bankruptcy Code cannot have binding effect of the company. Accordingly, petition is allowed.

Liquidation u/s. 33(1)(b) of IBC admitted in view of rejection of resolution plan

November 3, 2025 714 Views 0 comment Print

NCLT Ahmedabad held that Corporate Debtor [Shree Ram Cottex Industries Pvt. Ltd.] is admitted into liquidation in terms of provisions of section 33(1)(b) of the Insolvency and Bankruptcy Code, 2016 in view of rejection of resolution plan u/s. 31(2) for non-compliance with statutory requirements.

Financial Creditor mandatorily needs to prove disbursement as defined u/s. 5(8)(f) of IBC

November 3, 2025 642 Views 0 comment Print

NCLAT Delhi held that appellant doesn’t qualify as a Financial Creditor since appellant has failed to discharge the burden of proving any disbursement as defined under Section 5(8)(f) of the Insolvency and Bankruptcy Code. Accordingly, order upheld and appeal dismissed.

Insolvency Admission Without Hearing Debtor Unsustainable: NCLAT Delhi

November 2, 2025 678 Views 0 comment Print

The NCLAT Delhi set aside the NCLT order admitting Athena Constructions Ltd. to CIRP, finding the Appellant was not heard on merits. While the financial creditor’s dues were settled, the NCLAT remanded the case to the NCLT to process the settlement plea and consider any claims received by the IRP.

‘Unintentional Delay’ Not a Valid Reason for Late Refiling Under IBC: NCLAT Delhi

November 2, 2025 690 Views 0 comment Print

The NCLAT Delhi dismissed an appeal by LBF Publications Private Limited, challenging an NCLT order that rejected its Section 9 IBC application. The dismissal was due to an undue and unexplained delay of 389 days in the refiling of the appeal after defects were notified by the Registry.

Agreement for Sale Does Not Confer Ownership: NCLAT in Liquidation Case

November 2, 2025 1032 Views 0 comment Print

NCLAT ruled that a registered agreement for sale alone does not transfer ownership and affirmed that property remains part of the liquidation estate.

NCLT Cannot Transfer Cases Beyond Its Territorial Jurisdiction: Gujarat HC

November 2, 2025 936 Views 0 comment Print

Gujarat HC ruled that NCLT Delhi lacked authority to transfer matters from Ahmedabad to Mumbai under Rule 16 of NCLT Rules, 2016, terming such administrative transfers beyond territorial limits as illegal.

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