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IBC 2016

Latest Articles


IBBI Circular on Filing Forms for Monitoring Voluntary Liquidation Processes

CA, CS, CMA : Discover IBBI Circular No. IBBI/LIQ/74/2024 dated 28-06-2024 on voluntary liquidation processes under the Insolvency and Bankruptc...

June 30, 2024 228 Views 0 comment Print

Forgotten Creditors: IBC’s Dual Approach for Homebuyers & other Consumers

Corporate Law : Discover how Insolvency and Bankruptcy Code (IBC) protects homebuyers and other consumers, with a detailed analysis of financial a...

June 24, 2024 444 Views 0 comment Print

Comparative Analysis of IBC, 2016 With International Bankruptcy Laws

Corporate Law : Explore the Insolvency and Bankruptcy Code, 2016 alongside international bankruptcy laws, focusing on key differences, similaritie...

June 18, 2024 447 Views 0 comment Print

Delhi HC Went Overboard in deciding Tata Bhushan Steel vs. Venus Recruiters

Corporate Law : Delhi HC's ruling on Tata Steel BSL Ltd. v. Venus Recruiters allows avoidance proceedings beyond CIRP, diverging from established ...

June 14, 2024 366 Views 0 comment Print

Options for Voluntary Closure of Companies in India

Corporate Law : Article explains various methods for voluntary company closure in India, including striking off, NCLT winding up, and voluntary li...

June 13, 2024 1077 Views 0 comment Print


Latest News


IBBI Issues Guidelines for Insolvency Professionals 2024

Corporate Law : Learn about the new guidelines by IBBI for Insolvency Professionals acting as IRPs, Liquidators, RPs, and BTs. Details on eligibil...

July 5, 2024 165 Views 0 comment Print

IBBI Format for progress report during Liquidation process

Corporate Law : IBBI updates the progress report format for liquidation processes, seeking comments by July 12, 2024. Learn about the new requirem...

June 22, 2024 303 Views 0 comment Print

IBBI Discussion Paper: Proposed Amendments to CIRP Regulations

Corporate Law : IBBI invites comments on proposed amendments to CIRP regulations, focusing on valuation processes, MSME treatment, voting protocol...

June 19, 2024 300 Views 0 comment Print

Discussion Paper on Streamlining CIRP Form Compliance for Insolvency Professionals

Corporate Law : Discover how the latest revisions in CIRP forms by IBBI aim to reduce the compliance burden on insolvency professionals and stream...

June 12, 2024 228 Views 0 comment Print

IBBI Guidelines 2024: Interim Resolution, Liquidation and Bankruptcy Trustees

Corporate Law : The Insolvency and Bankruptcy Board of India issues guidelines for Insolvency Professionals to act as Interim Resolution Professio...

June 5, 2024 372 Views 0 comment Print


Latest Judiciary


NCLT rejects CIRP application as default by Corporate Debtor not proved

Corporate Law : Detailed analysis of the NCLT Mumbai judgment in SBI vs Navjeevan Tyres, addressing issues of loan recall notice and corporate gua...

July 14, 2024 324 Views 0 comment Print

NCLT Upholds RP’s Stance on Malafide Assignment for Indirect CoC Representation

Corporate Law : NCLAT Delhi upholds NCLT decision against Rolta Private Limited's assignment agreement as malafide, prolonging CIRP process. Full ...

July 14, 2024 165 Views 0 comment Print

U.S. Bankruptcy Court Moratorium Order Not Automatically Enforceable in India

Company Law : Explore the Calcutta High Court's decision in Uphealth Holdings, INC. Vs Dr. Syed Sabahat Azim & Ors. regarding the applicability ...

July 14, 2024 192 Views 0 comment Print

‘Cinema Ventures’ guilty of not reducing Ticket price despite GST Rate reduction

Goods and Services Tax : Detailed analysis of Competition Commission of India's order regarding Cinema Ventures Pvt Ltd not passing GST rate reduction bene...

July 13, 2024 162 Views 0 comment Print

Customs Duty Claims Abate if Not Claimed During IBC Resolution Plan Implementation

Custom Duty : Gujarat High Court abates customs tax appeals in Commissioner Of Customs (Preventive) Vs General Foods Ltd., citing IBC Sections 3...

July 8, 2024 132 Views 0 comment Print


Latest Notifications


IBBI penalises IP for not filing application regarding fraudulent transaction

Corporate Law : Detailed analysis of IBBI Order 229/2024 on Mr. Narender Kumar Sharma, resolving a show-cause notice with significant findings and...

July 17, 2024 75 Views 0 comment Print

IBBI suspends valuer for misuse of IBBI’s name/logo and misleading declarations

Corporate Law : Explore the IBBI's decision on Mr. Gopal Krishna Raju regarding violations under the Companies Act, 2013 and Valuation Rules, incl...

July 13, 2024 156 Views 0 comment Print

IBBI suspends IP for discussions with ex-directors regarding fees as RP

Corporate Law : Explore IBBI's Disciplinary Order No. IBBI/DC/228/2024 dated 11 July 2024 against Reshma Mittal, detailing the CIRP process, alleg...

July 11, 2024 90 Views 0 comment Print

IBBI Imposes ₹2 Lakh Penalty on IP for Lack of Cooperation with Investigation Agencies

Corporate Law : Read the detailed analysis of IBBI's Disciplinary Committee order against Narender Kumar Sharma, an Insolvency Professional, regar...

July 11, 2024 30 Views 0 comment Print

IBBI Penalizes RP for Submitting Revised Resolution Plan to AA Without CoC Approval

Corporate Law : IBBI suspends & Penalises RP For submitting a revised resolution plan to the Adjudicating Authority (AA) without obtaining the fin...

July 8, 2024 276 Views 0 comment Print


IBBI caution IP for Non-Disclosure of relationship with valuer & forensic auditor

February 20, 2023 516 Views 0 comment Print

IP shall ensure disclosure of the relationship, if any, of the other professional engaged by him with himself, the Corporate Debtor (CD), Financial Creditor, Interim Finance Provider and Prospective Resolution Applicant to the Insolvency Professional Agency (IPA) of which he is a member, within the time specified.

No Violation of IBC when appointment of process advisors in CIRPs was approved by CoC

February 17, 2023 1176 Views 1 comment Print

The Code casts important duties on a resolution professional to carry on the business of the corporate debtor during the insolvency resolution process and to resolve the corporate debtor in accordance with the provisions of the Code. The Resolution Professional can also appoint such professionals as he deems necessary for this purpose. The Code also […]

IBBI directs RBSA Valuation Advisors LLP to not to accept new assignment for 6 months

February 17, 2023 3216 Views 0 comment Print

In exercise of powers conferred vide notification of Central Government no. GSR 1316(E) dated 18.10.2017 under Section 458 of the Companies Act, 2013 and in pursuance of rule 15 and rule 17 of the Valuation Rules IBBI hereby directs that RBSA Valuation Advisors LLP having registration number IBBI/RV-E/05/2019/110 shall not seek or accept any assignment […]

Revenue department cannot initiate assessment proceedings once moratorium order passed by NCLAT

February 17, 2023 1161 Views 0 comment Print

HC quashed assessment order and consequential recovery notice issued by Revenue Department on the grounds that no opportunity of hearing was afforded to assessee and contentions of assessee were also not considered, thus same was a violation of principles of natural justice.

Update Master Data of Company/Corporate Debtor Undergoing CIRP (After Approval of Resolution Plan By NCLT)

February 16, 2023 5064 Views 0 comment Print

Once the Resolution plan has been approved by the Hon’ble NCLT pursuant to section 31 of IBC Code, 2016 then new management i.e. Resolution Applicant is in charge of control of the corporate debtor from the date of approval of the Resolution Plan.

Stressed Assets – A hustle between IBC and SARFAESI

February 16, 2023 5256 Views 0 comment Print

How Insolvency and Bankruptcy Code (IBC) and SARFEASI are impacting in recovery of stressed assets? General idea, we all possess is that the role of ARC, established under SARFEASI to primarily resolve the issue of NPA/Bad Loan.

Section 238A of IBC: Provision Overriding Limitation Act

February 16, 2023 5073 Views 1 comment Print

Numerous appeals IBC get rejected by NCLAT on the grounds of them being time-barred. NCLAT articulates that it lacks the power to allow appeals filed after 45 days from the ‘date of the order’ of the Adjudicating Authority.

IBBI penalises IP for placing non­-compliant resolution plan for consideration of CoC

February 15, 2023 1536 Views 0 comment Print

Mr. Anurag Kumar Sinha has erred in his judgement in placing a non­compliant resolution plan for the consideration of the CoC. Further, despite being non­compliant plan, it was passed and placed for AA’s approval. AA has strongly commented on the issue in its judgement pointing out the mistake of the resolution professional and the CoC […]

Latest Case Law Related to IBC – October – December, 2022

February 15, 2023 2307 Views 0 comment Print

Stay up to date with the latest case law related to IBC in October, November and December 2022. Supreme Court finds OCs cannot enforce CIRP prematurely. AA must investigate plausible disputes, not feeble arguments.

IBC, 2016 – Objective, Insolvency Resolution Process, Challenges & Way Forward

February 14, 2023 39468 Views 0 comment Print

IBC was designed to overhaul India’s outdated insolvency and bankruptcy laws and to provide a more efficient & effective system for resolving insolvency.

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