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Corporate Law : Read the detailed analysis of IBBI's Disciplinary Committee order against Narender Kumar Sharma, an Insolvency Professional, regar...
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Insolvency and Bankruptcy Board of India (IBBI/Board) notified the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) (Fourth Amendment) Regulations, 2016 (CIRP Regulations) on 16th September, 2022.
K. Paramasivam Vs Karur Vysya Bank Ltd. & Anr. (Supreme Court of India) The question raised in the said appeal is whether CIRP can be initiated against the Corporate Guarantor without proceeding against the principal borrower. The issues raised in this appeal are settled by this Court in Laxmi Pat Surana v. Union Bank of […]
Insolvency professionals being the main link with IBBI in relation to processes under the Code wherefrom such litigations arise. It is, therefore, deemed appropriate that the Insolvency Professionals to proactively provide prompt information and papers to IBBI to enable it to examine the provision of statute under question with a view to implead itself for appropriate defence.
Limitation is to be counted not from the date of delivery of the certified copy but from the date of preparation of certified copy: NCLAT
Amendments to Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016, and Insolvency and Bankruptcy Board of India (Insolvency Professionals), Regulations 2016. The Insolvency and Bankruptcy Board India (IBBI) notified the following regulations on 13th September 2022: a) Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) […]
These regulations may be called the Insolvency and Bankruptcy Board of India (Insolvency Professionals) (Second Amendment) Regulations, 2022.
It is important to note that the Code does not have any mention about the possibility of awarding success fee to the resolution professional. May be the renumerations during the process are considered as enough for attracting due services on behalf of the resolution professional.
NCLT held that it is the Liquidator who has to take call on what mode of sale is in the best in the interest of maximization of value of assets.
Adjudicating Authority under Rule 43 of NCLT Rules, 2016, can call for any information or evidence as it may consider necessary in its discretion
The concept of time value of money emerges from the concept of opportunity cost. At any given time, one has multiple options by which he can spend his money.