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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 330 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 462 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 270 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 96 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 762 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


Section 138 NI Act Proceedings Continue Despite Personal Insolvency Moratorium: SC

June 9, 2026 2595 Views 0 comment Print

The Supreme Court examined whether personal insolvency proceedings under the IBC could halt cheque dishonour cases under Section 138 of the NI Act. The Court held that such prosecutions are criminal in nature and continue despite insolvency moratorium protections.

IBBI Suspends Insolvency Professional for 3 Years Due to Failure to Constitute CoC

June 8, 2026 381 Views 0 comment Print

IBBI held that an Insolvency Professional cannot delay constitution of the Committee of Creditors based on settlement discussions or creditor reluctance. Failure to follow mandatory CIRP timelines resulted in a three-year suspension.

ITAT Quashes Reassessment as Moratorium Under IBC Barred Fresh Tax Proceedings

June 8, 2026 240 Views 0 comment Print

The Tribunal examined whether reassessment proceedings could be initiated after the NCLT declared a moratorium under the Insolvency and Bankruptcy Code. It held that fresh assessment proceedings during the moratorium period were invalid and quashed the assessment order.

Delhi HC Permits Suit Withdrawal as Operational Creditor Accepted Resolution Plan Amount

June 8, 2026 288 Views 0 comment Print

The Delhi High Court held that acceptance of payment under an approved insolvency resolution plan amounted to settlement of the dispute. As the plaintiff accepted the CIRP amount as full and final settlement, withdrawal of the suit and refund of the entire court fee were permitted.

Homebuyers as Financial Creditor: Genuine Homebuyer V. Speculative Investor

June 8, 2026 384 Views 0 comment Print

The Supreme Court held that individuals investing for financial returns rather than home ownership cannot invoke Section 7 of the IBC. The ruling reinforces that insolvency proceedings are not meant for debt recovery or investment disputes.

IBBI Tightens CIRP Rules to Enhance Transparency in Resolution Decisions

June 8, 2026 447 Views 0 comment Print

The Fourth Amendment Regulations, 2026 require committees of creditors to document the rationale behind approving resolution plans and assessing market discovery efforts. The changes aim to improve accountability and transparency in insolvency proceedings.

Calcutta HC Bars Shifting of Registered Office If IBC Appeal Pending

June 8, 2026 270 Views 0 comment Print

The High Court held that a company cannot shift its registered office after approval of a resolution plan when appeals against the plan are still pending before the NCLAT. The statutory embargo under Rule 30(9) must be strictly followed.

No insolvency proceedings as misrepresentation of borrower as Guarantor invalidated section 95 application

June 8, 2026 276 Views 0 comment Print

  NCLAT held that the order appointing the Resolution Professional under Section 97 was obtained on the basis of misrepresented and non-existent jurisdictional facts relating to the alleged personal guarantee. Accordingly, the impugned order was set aside as void ab initio.

Registered Office Shift Blocked as Appeals Against IBC Resolution Plan Were Pending

June 8, 2026 246 Views 0 comment Print

Jeel Kandla Service & Anr. Vs Union of India and Ors. (Calcutta High Court) The appeal arose from a judgment of a Single Judge dismissing a writ petition challenging an order of the Regional Director, Eastern Region, Ministry of Corporate Affairs, which had permitted shifting the registered office of a company from West Bengal to […]

Delhi HC Declines Writ as CIRP Proceedings Were Centered Outside Delhi

June 8, 2026 270 Views 0 comment Print

The Court noted that the complaint against the Resolution Professional and the related proceedings stemmed from CIRP proceedings before the NCLT, Bengaluru. It therefore declined to adjudicate the matter on merits.

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