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IBC 2016

Latest Articles


Stages of CIRP: From Initiation to Resolution or Liquidation

Corporate Law : Understand Corporate Insolvency Resolution Process (CIRP) in India, from initiation and moratorium to resolution plan approval and...

February 16, 2025 702 Views 0 comment Print

Income Tax Implications under Insolvency & Bankruptcy Code, 2016

Corporate Law : Pursuant to approval of Resolution Plan by the Adjudicating Authority under Insolvency & Bankruptcy Code, 2016, has presuppose wai...

January 14, 2025 612 Views 0 comment Print

Latest Case Law Related to IBC – July to September 2024

Corporate Law : Insights into recent Supreme Court and High Court judgments on IBC cases, covering corporate guarantees, auction timelines, liquid...

November 12, 2024 1701 Views 1 comment Print

Insolvency Withdrawals: Balance of Creditor Rights & Adjudicating Authority

Corporate Law : Explore the legal complexities of CIRP withdrawals and the protection of creditor rights under the Insolvency and Bankruptcy Code ...

October 29, 2024 552 Views 0 comment Print

Juggling Speed and Competition: The Case Against Green Channel Approvals in Corporate Insolvency Resolution

Corporate Law : Explore the issues surrounding green channel approvals in India's Corporate Insolvency Resolution Process and alternative solution...

October 24, 2024 222 Views 0 comment Print


Latest News


RTI Appeals Against IBBI Dismissed Over Repetitive Filings

Corporate Law : IBBI dismisses multiple RTI appeals citing misuse of the RTI Act through repetitive filings. The order emphasizes responsible use ...

March 7, 2025 117 Views 0 comment Print

Investigation Status Inquiries Are Beyond RTI Act Scope: IBBI

Corporate Law : RTI Act permits access only to information held by a public authority and does not require the creation or interpretation of infor...

February 21, 2025 117 Views 0 comment Print

Latest Case Law Related to IBC 2016: October to December 2024

Corporate Law : Key IBC case law updates from Oct-Dec 2024, covering Supreme Court and High Court decisions on CoC powers, resolution plans, relat...

February 13, 2025 468 Views 0 comment Print

Status of Barshi Textile Mills & IBC Provisions

Corporate Law : The Government clarified that no cooperative sector companies in Maharashtra are declared corrupt under IBC, 2016, and Barshi Text...

February 12, 2025 81 Views 0 comment Print

MSME Ministry Information held in fiduciary capacity not disclosable under RTI: IBBI

Corporate Law : IBBI denies RTI appeal citing fiduciary exemption under Section 8(1)(e). The requested MSME-related information was withheld. Appe...

February 12, 2025 81 Views 0 comment Print


Latest Judiciary


Gratuity doesn’t form part of liquidation estate: Calcutta HC

Corporate Law : Calcutta High Court held that gratuity doesn’t form part of liquidation estate. Hence, entire dues of workers would not come und...

March 10, 2025 60 Views 0 comment Print

Rejection of resolution plan by CoC after discussion justifiable: NCLAT Delhi

Corporate Law : NCLAT Delhi held that rejection of resolution plan of appellant justified as CoC deliberated and discussed the Resolution Plan of ...

March 10, 2025 36 Views 0 comment Print

NCLAT held Electricity was essential supply, couldn’t be disconnected during moratorium period under IBC

Company Law : When the corporate debtor failed to pay the outstanding power obligation, appellant subsequently cut off the electrical service. O...

March 10, 2025 36 Views 0 comment Print

AO can determine tax liabilities even during insolvency proceedings: ITAT Mumbai

Income Tax : ITAT Mumbai restores MITC Metals case for fresh adjudication, ruling that assessment order was not void ab-initio despite ongoing ...

March 8, 2025 99 Views 0 comment Print

Lone Homebuyer Cannot Challenge Resolution Plan Approval: NCLAT Delhi

Corporate Law : NCLAT Delhi ruled that a single homebuyer cannot challenge a resolution plan approved by the CoC. The decision follows Supreme Cou...

March 8, 2025 69 Views 0 comment Print


Latest Notifications


RTI Act Grants Access to Records, Not Obligations to Compile Non-Existent Information

Corporate Law : IBBI rejects RTI appeal seeking detailed breakup of Dalmia Cement claims in Jaiprakash insolvency case, citing unavailability of d...

March 7, 2025 207 Views 0 comment Print

Clarifications on Valuer Registration & employment grievance  Beyond RTI Scope

Corporate Law : IBBI rejects RTI appeal seeking clarifications on valuer registration, stating that opinions and justifications do not fall under ...

March 7, 2025 114 Views 0 comment Print

Ongoing Fraud Investigation in Asset Sale: IBBI Directs RP to Report Results

Corporate Law : IBBI disposes of SCN against IP in CIRP case, addresses claims dispute, and ongoing RoC investigation. Details of findings and DC'...

March 6, 2025 480 Views 0 comment Print

IBBI Suspends IP for delays & procedural lapses in liquidation process

Corporate Law : The IBBI Disciplinary Committee has suspended Ms. Sonu Jain for one year due to delays and procedural lapses in the liquidation pr...

March 6, 2025 114 Views 0 comment Print

IBBI Suspends Valuer’s Registration for flawed Valuation Report in CIRP & Liquidation

Corporate Law : IBBI suspends valuer for six months for non-transparent valuation in CIRP and liquidation of Base Corporation Ltd., citing violati...

March 5, 2025 252 Views 0 comment Print


Eligible & Ineligible Persons For Filing CIRP Application Under IBC, 2016

June 4, 2023 2304 Views 0 comment Print

Understand the eligibility criteria for filing Corporate Insolvency Resolution Process (CIRP) under the Insolvency and Bankruptcy Code, 2016 (IBC 2016). Learn about the minimum default amount, who can file an application, and who is not entitled to initiate insolvency proceedings.

Whether dues to landowners under Collaboration Agreements can be treated as ‘Operational Debt’ under IBC?

June 3, 2023 2367 Views 0 comment Print

Explore the NCLT Delhi judgment in Ajit Kaur Gill vs. Raheja Developers case, a detailed analysis of the operational debt dispute, and why the claim was dismissed.

Examining Directors’ Liability under the Negotiable Instruments Act during the Moratorium Period under the Insolvency and Bankruptcy Code (IBC)

June 2, 2023 3309 Views 0 comment Print

Explore directors’ liability under the Negotiable Instruments Act during the moratorium period under the Insolvency and Bankruptcy Code (IBC). Learn about legal precedents, the nature of offenses, and the accountability of directors. Stay informed on the intersection of the NI Act and IBC.

SC adopted principle of ‘lower risk of injustice’ in reverse CIRP of Supertech

June 1, 2023 945 Views 0 comment Print

Supreme Court, in the present Supertech Ltd matter, adopted lower risk of injustice even if ultimately in the aforesaid appeals, the Hon’ble Supreme Court may find otherwise or choose any other course.

COC can approach to Court for Forensic Audit of Corporate Debtor

May 31, 2023 1179 Views 0 comment Print

Explore the case of Motel Rahans Pvt. Ltd. Vs JSM Devcons Pvt Ltd., where a secured financial creditor approached NCLT Indore Bench seeking a forensic audit of the Corporate Debtor. Learn about the scope of consideration by the Committee of Creditors (CoC) in appointing professionals, the role of the Resolution Professional, and the direction given by the court for a forensic audit. Understand the implications of the court’s decision and the limited role of CoC in approving fees for auditors.

NCLT Orders Forensic Audit on Assets of Corporate Debtor

May 31, 2023 12981 Views 0 comment Print

NCLT Indore directed appointment of a forensic auditor to conduct audit on irregularities related to assets of corporate debtor in case of Motel Rahans Pvt Ltd Vs JSM Devcons Pvt Ltd.

IBBI restores registration of valuer considering stay order of Bombay HC

May 31, 2023 1209 Views 0 comment Print

IBBI disposed the appeal filed by Yardi Prabhu Consultants & Valuers Pvt. Ltd. against suspension order issued on April 6, 2022. The appeal was made in response to a show cause notice regarding alleged contraventions of the Valuation Rules. The suspension was based on the alleged lack of eligibility of a director, as he faced […]

Application u/s 7 of IBC duly admissible as there exists financial debt and default

May 30, 2023 783 Views 0 comment Print

NCLAT Delhi held that as there exists financial debt and default, application u/s 7 of the Insolvency and Bankruptcy Code (IBC) is duly admissible.

Liquidator should consider average of value arrived as per regulation 35 of CIRP Regulation, 2016

May 29, 2023 810 Views 0 comment Print

NCLAT Delhi held that liquidator is obliged to consider the average of the value arrived as per Regulation 35 of the CIRP Regulation, 2016.

Remedy against third party not available under Section 66 of IBC: SC

May 27, 2023 4515 Views 0 comment Print

Supreme Court reaffirmed that Section 66 of the Insolvency and Bankruptcy Code cannot be invoked against third parties and that civil remedies available under the law must be pursued for recovery of dues from such parties.

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