Corporate Law : The Supreme Court held that liabilities arising from corporate guarantees qualify as financial debt under Section 5(8) of the Inso...
Corporate Law : The Supreme Court ruled that a shortfall payment clause in a Deed of Hypothecation can qualify as a contract of guarantee under th...
Corporate Law : The article examines how conflicting Supreme Court judgments in Rainbow Papers and Raman Ispat created uncertainty regarding the s...
Corporate Law : The IBC (Amendment) Act, 2026 introduces CIIRP as a faster and proactive insolvency mechanism for early-stage financial stress. Th...
Corporate Law : Explains how the Court held that insolvency proceedings cannot be used as a pressure tactic for debt recovery. Even if default is ...
Corporate Law : The Supreme Court upheld joint insolvency proceedings against two interconnected real estate companies due to common management an...
Corporate Law : 2026 Guidelines streamline selection of Insolvency Professionals for IRP, RP, Liquidator, and Bankruptcy Trustee roles, ensuring t...
Corporate Law : The amendments replace the consultation committee with CoC oversight, giving creditors greater control over liquidation decisions....
Corporate Law : The proposal focuses on enabling creditors to initiate resolution while retaining debtor management under supervision. It sets out...
Corporate Law : The amendments arise from the inclusion of a unified “service provider” definition under the Code. The move expands regulatory...
Corporate Law : NCLT Indore held that dissolution under Section 54 of the IBC was justified after all assets of the corporate debtor were liquidat...
Corporate Law : NCLT Mumbai held that ongoing One-Time Settlement discussions cannot defeat insolvency proceedings when debt and default are admit...
Corporate Law : NCLAT held that foreign oil and gas assets owned through Videocon subsidiaries could not be included in the CIRP of Videocon Indus...
Corporate Law : Tribunal noted that the CIRP period, including all extensions, had reached 741 days and expired on 20 November 2025. Since no plan...
Corporate Law : The NCLT Mumbai held that liquidation became mandatory under Section 33(2) of the IBC after the Committee of Creditors rejected al...
Corporate Law : The amendment bars related parties, recent auditors, and connected persons from acting as registered valuers in pre-pack insolvenc...
Corporate Law : The IBBI amended the Liquidation Process Regulations, 2016 to allow appointment of one registered valuer for each asset class in M...
Corporate Law : The IBBI amended the CIRP Regulations, 2016 to permit appointment of one set of registered valuers for MSME corporate debtors. The...
Corporate Law : The IBBI Amendment Regulations, 2026 introduce nominee directors on IPA governing boards and strengthen oversight mechanisms. The ...
Corporate Law : The order highlights that delayed applications, late progress reports, and non-compliance with filing requirements amounted to ser...
If a company (including a Public Limited Company) wants to voluntarily wind itself up these days, it’s almost entirely governed by Section 59 of the Insolvency and Bankruptcy Code, 2016 (IBC) and the specific regulations from the Insolvency and Bankruptcy Board of India (IBBI) for voluntary liquidation.
NCLAT remands insolvency case to NCLT, stressing individual merit assessment over past unrelated dismissals. Tribunal must pass speaking order after fresh hearing.
NCLAT Delhi reverses NCLT, admitting insolvency application as debt and default were established through NeSL records and Corporate Debtor’s own admission.
IBBI suspends Insolvency Professional Kairav Trivedi for two years over AFA violation, citing acceptance of new assignment despite disciplinary proceedings.
NCLAT upholds NCLT’s rejection of Indian Bank’s insolvency plea against a personal guarantor who was also the resolution applicant, citing the approval of a new guarantee under the corporate debtor’s resolution plan.
Section 34 of IBC governs liquidator appointment, consent requirements, transfer of management powers, personnel cooperation, and conditions for liquidator replacement and fee structure.
Understand Section 33 of IBC, detailing when and how corporate debtor liquidation is initiated, role of NCLT and CoC, legal implications and employee status.
NCLAT Delhi held that status quo order by forcing corporate debtor to restore liquidator amounts to stalling the voluntary liquidation process. Thus, adjudicating authority cannot restore status quo under voluntary liquidation process.
IBBI withdraws Form IP-1 for all IBC processes from July 14, 2025, following introduction of revised reporting framework and electronic Assignment Module.
Adjudicating authority also in its order dated 03.12.2024, while considering the application filed by the RP for approval of the resolution plan has noticed all relevant facts, including the financial outlay and four contingencies as part of the resolution plan.
