Corporate Law : Understand Corporate Insolvency Resolution Process (CIRP) in India, from initiation and moratorium to resolution plan approval and...
Corporate Law : Pursuant to approval of Resolution Plan by the Adjudicating Authority under Insolvency & Bankruptcy Code, 2016, has presuppose wai...
Corporate Law : Insights into recent Supreme Court and High Court judgments on IBC cases, covering corporate guarantees, auction timelines, liquid...
Corporate Law : Explore the legal complexities of CIRP withdrawals and the protection of creditor rights under the Insolvency and Bankruptcy Code ...
Corporate Law : Explore the issues surrounding green channel approvals in India's Corporate Insolvency Resolution Process and alternative solution...
Corporate Law : IBBI dismisses multiple RTI appeals citing misuse of the RTI Act through repetitive filings. The order emphasizes responsible use ...
Corporate Law : RTI Act permits access only to information held by a public authority and does not require the creation or interpretation of infor...
Corporate Law : Key IBC case law updates from Oct-Dec 2024, covering Supreme Court and High Court decisions on CoC powers, resolution plans, relat...
Corporate Law : The Government clarified that no cooperative sector companies in Maharashtra are declared corrupt under IBC, 2016, and Barshi Text...
Corporate Law : IBBI denies RTI appeal citing fiduciary exemption under Section 8(1)(e). The requested MSME-related information was withheld. Appe...
Income Tax : ITAT Mumbai restores MITC Metals case for fresh adjudication, ruling that assessment order was not void ab-initio despite ongoing ...
Corporate Law : NCLAT Delhi ruled that a single homebuyer cannot challenge a resolution plan approved by the CoC. The decision follows Supreme Cou...
Company Law : The plain reading of the above provisions of Section 60(5)(c) clearly indicates that the NCLT is empowered to adjudicate any quest...
Income Tax : Calcutta HC dismisses IT appeal against Subhlabh Steels due to ongoing insolvency under IBC, citing SC ruling in Monnet Ispat. Rea...
Service Tax : CESTAT Chennai ruled on Orchid Chemicals' appeal, citing insolvency resolution precedents. The appeal was abated following NCLT ap...
Corporate Law : IBBI rejects RTI appeal seeking detailed breakup of Dalmia Cement claims in Jaiprakash insolvency case, citing unavailability of d...
Corporate Law : IBBI rejects RTI appeal seeking clarifications on valuer registration, stating that opinions and justifications do not fall under ...
Corporate Law : IBBI disposes of SCN against IP in CIRP case, addresses claims dispute, and ongoing RoC investigation. Details of findings and DC'...
Corporate Law : The IBBI Disciplinary Committee has suspended Ms. Sonu Jain for one year due to delays and procedural lapses in the liquidation pr...
Corporate Law : IBBI suspends valuer for six months for non-transparent valuation in CIRP and liquidation of Base Corporation Ltd., citing violati...
Once the Resolution plan has been approved by the Hon’ble NCLT pursuant to section 31 of IBC Code, 2016 then new management i.e. Resolution Applicant is in charge of control of the corporate debtor from the date of approval of the Resolution Plan.
How Insolvency and Bankruptcy Code (IBC) and SARFEASI are impacting in recovery of stressed assets? General idea, we all possess is that the role of ARC, established under SARFEASI to primarily resolve the issue of NPA/Bad Loan.
Numerous appeals IBC get rejected by NCLAT on the grounds of them being time-barred. NCLAT articulates that it lacks the power to allow appeals filed after 45 days from the ‘date of the order’ of the Adjudicating Authority.
Mr. Anurag Kumar Sinha has erred in his judgement in placing a noncompliant resolution plan for the consideration of the CoC. Further, despite being noncompliant plan, it was passed and placed for AA’s approval. AA has strongly commented on the issue in its judgement pointing out the mistake of the resolution professional and the CoC […]
Stay up to date with the latest case law related to IBC in October, November and December 2022. Supreme Court finds OCs cannot enforce CIRP prematurely. AA must investigate plausible disputes, not feeble arguments.
IBC was designed to overhaul India’s outdated insolvency and bankruptcy laws and to provide a more efficient & effective system for resolving insolvency.
The DC notes that Mr. Viswanathan Sankaran was present before the AA on 17.09.2021 while order for conducting CoC meeting by next week was passed. Hence it may be said that he was aware of direction by the AA. The DC further notes that representative of Canara Bank vide email dated 07.10.2021 requested to prepone […]
Explore Reverse CIRP in Real Estate: No provision in IBC, Umang Realtech case introduction, non-precedent status, challenges, and recent project-wise resolutions in Supertech & Ansal Properties cases.
When a company goes through insolvency proceedings, public equity shareholders (non-promoter public shareholders) are the ones that profit least since they are not considered creditors who are protected by IBC 2016
NCLAT Delhi held that withdrawal application under section 12A of the Insolvency & Bankruptcy Code, 2016 unsustainable once CoC (Committee of Creditors) approves a resolution plan.
