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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 195 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


Resolution Plan cannot be permitted to be withdrawn after approval: NCLAT

October 14, 2022 2031 Views 0 comment Print

NCLAT held that in event the submission of Appellant is accepted that due to financial difficulty he is unable to implement Resolution plan and he be permitting to go back from the commitments made in the Resolution Plan, it shall have disastrous effect on the entire process undertaken.

Corporate debtors cannot seek production of original corporate guarantee deed

October 14, 2022 396 Views 0 comment Print

NCLT Hyderabad held that dismissed the application of corporate debtors as provisions of rule 43 of the NCLT Rules empowers the Adjudicating Authority, and not to the corporate debtors, to seek production of documents.

IBBI disposes SCN against IP aged 71 years without any direction

October 13, 2022 414 Views 0 comment Print

The DC notes that inspection notice was served on him on the 09.08.2021. However, Mr. Varun preferred not to respond to it despite more than one year has elapsed in-between. Furthermore, Mr. Varun has neither responded nor he preferred to be avail personal hearing to put his submissions in response to the SCN issued dated […]

IRP/ RP cannot charge separate fees for each primary duty performed when a consolidated fees is already being paid

October 12, 2022 2592 Views 0 comment Print

DC observes that the CIRP Regulations covers the complete expenses and fees of the IRP/ RP, and this fee is payable after ratification by the CoC. The approval by the CoC of the expenses incurred in the CIRP is a mechanism for keeping a check on the expenditures made by the IRP/ RP. In the […]

Default in settlement agreement amount not an operational debt

October 11, 2022 3045 Views 0 comment Print

NCLAT Delhi held that default of instalment of Settlement Agreement does not come within the definition of operational debt as it does not fall within the definition of additional debt as per Section 5(21) of the IBC.

IBBI suspends registration of IP for failure in relationship disclosure

October 11, 2022 948 Views 0 comment Print

it is found that Mr. Prakash had neither disclosed the appointment of his brother through M/s Ibay Capital before the CoC nor made relationship disclosure of engagement of M/s Ibay Capital on the website of the IPA. Further, the valuation report was submitted by M/s iVas Partners whose appointment or fee was not approved/ratified by […]

Ex-promoters cannot continue in Insolvent Company in any capacity: SC

October 6, 2022 534 Views 0 comment Print

Appellants are the erstwhile Promoters and therefore they cannot be continued to be in the Company in any capacity may be as shareholders as if they continue Resolution Plan shall not be workable at all.

IBBI (Model Bye-Laws and Governing Board of Insolvency Professional Agencies) (Amendment) Regulations, 2022

October 3, 2022 573 Views 0 comment Print

IBBI notifies Insolvency and Bankruptcy Board of India (Model Bye-Laws and Governing Board of Insolvency Professional Agencies) (Amendment) Regulations, 2022

IBBI (Model Bye-Laws & Governing Board of Insolvency Professional Agencies) (Amendment) Regulations, 2022

October 3, 2022 591 Views 0 comment Print

INSOLVENCY AND BANKRUPTCY BOARD OF INDIA NOTIFICATION New Delhi, the 3rd October, 2022 Insolvency and Bankruptcy Board of India (Model Bye-Laws and Governing Board of Insolvency Professional Agencies) (Amendment) Regulations, 2022 No. IBBI/2022-23/GN/REG100.—In exercise of the powers conferred by sections 196, 203 and 205 read with section 240 of the Insolvency and Bankruptcy Code, 2016 […]

Can an Insolvent company be classified as a Going Concern entity?

October 2, 2022 1425 Views 0 comment Print

Understanding the concept of a going concern entity in insolvency. Learn about the legal aspects and recovery prospects for lenders in corporate liquidation.

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