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IBC 2016

Latest Articles


IBBI Circular on Filing Forms for Monitoring Voluntary Liquidation Processes

CA, CS, CMA : Discover IBBI Circular No. IBBI/LIQ/74/2024 dated 28-06-2024 on voluntary liquidation processes under the Insolvency and Bankruptc...

June 30, 2024 228 Views 0 comment Print

Forgotten Creditors: IBC’s Dual Approach for Homebuyers & other Consumers

Corporate Law : Discover how Insolvency and Bankruptcy Code (IBC) protects homebuyers and other consumers, with a detailed analysis of financial a...

June 24, 2024 444 Views 0 comment Print

Comparative Analysis of IBC, 2016 With International Bankruptcy Laws

Corporate Law : Explore the Insolvency and Bankruptcy Code, 2016 alongside international bankruptcy laws, focusing on key differences, similaritie...

June 18, 2024 447 Views 0 comment Print

Delhi HC Went Overboard in deciding Tata Bhushan Steel vs. Venus Recruiters

Corporate Law : Delhi HC's ruling on Tata Steel BSL Ltd. v. Venus Recruiters allows avoidance proceedings beyond CIRP, diverging from established ...

June 14, 2024 366 Views 0 comment Print

Options for Voluntary Closure of Companies in India

Corporate Law : Article explains various methods for voluntary company closure in India, including striking off, NCLT winding up, and voluntary li...

June 13, 2024 1077 Views 0 comment Print


Latest News


IBBI Issues Guidelines for Insolvency Professionals 2024

Corporate Law : Learn about the new guidelines by IBBI for Insolvency Professionals acting as IRPs, Liquidators, RPs, and BTs. Details on eligibil...

July 5, 2024 165 Views 0 comment Print

IBBI Format for progress report during Liquidation process

Corporate Law : IBBI updates the progress report format for liquidation processes, seeking comments by July 12, 2024. Learn about the new requirem...

June 22, 2024 303 Views 0 comment Print

IBBI Discussion Paper: Proposed Amendments to CIRP Regulations

Corporate Law : IBBI invites comments on proposed amendments to CIRP regulations, focusing on valuation processes, MSME treatment, voting protocol...

June 19, 2024 300 Views 0 comment Print

Discussion Paper on Streamlining CIRP Form Compliance for Insolvency Professionals

Corporate Law : Discover how the latest revisions in CIRP forms by IBBI aim to reduce the compliance burden on insolvency professionals and stream...

June 12, 2024 228 Views 0 comment Print

IBBI Guidelines 2024: Interim Resolution, Liquidation and Bankruptcy Trustees

Corporate Law : The Insolvency and Bankruptcy Board of India issues guidelines for Insolvency Professionals to act as Interim Resolution Professio...

June 5, 2024 372 Views 0 comment Print


Latest Judiciary


NCLT rejects CIRP application as default by Corporate Debtor not proved

Corporate Law : Detailed analysis of the NCLT Mumbai judgment in SBI vs Navjeevan Tyres, addressing issues of loan recall notice and corporate gua...

July 14, 2024 324 Views 0 comment Print

NCLT Upholds RP’s Stance on Malafide Assignment for Indirect CoC Representation

Corporate Law : NCLAT Delhi upholds NCLT decision against Rolta Private Limited's assignment agreement as malafide, prolonging CIRP process. Full ...

July 14, 2024 165 Views 0 comment Print

U.S. Bankruptcy Court Moratorium Order Not Automatically Enforceable in India

Company Law : Explore the Calcutta High Court's decision in Uphealth Holdings, INC. Vs Dr. Syed Sabahat Azim & Ors. regarding the applicability ...

July 14, 2024 195 Views 0 comment Print

‘Cinema Ventures’ guilty of not reducing Ticket price despite GST Rate reduction

Goods and Services Tax : Detailed analysis of Competition Commission of India's order regarding Cinema Ventures Pvt Ltd not passing GST rate reduction bene...

July 13, 2024 162 Views 0 comment Print

Customs Duty Claims Abate if Not Claimed During IBC Resolution Plan Implementation

Custom Duty : Gujarat High Court abates customs tax appeals in Commissioner Of Customs (Preventive) Vs General Foods Ltd., citing IBC Sections 3...

July 8, 2024 132 Views 0 comment Print


Latest Notifications


IBBI penalises IP for not filing application regarding fraudulent transaction

Corporate Law : Detailed analysis of IBBI Order 229/2024 on Mr. Narender Kumar Sharma, resolving a show-cause notice with significant findings and...

July 17, 2024 75 Views 0 comment Print

IBBI suspends valuer for misuse of IBBI’s name/logo and misleading declarations

Corporate Law : Explore the IBBI's decision on Mr. Gopal Krishna Raju regarding violations under the Companies Act, 2013 and Valuation Rules, incl...

July 13, 2024 156 Views 0 comment Print

IBBI suspends IP for discussions with ex-directors regarding fees as RP

Corporate Law : Explore IBBI's Disciplinary Order No. IBBI/DC/228/2024 dated 11 July 2024 against Reshma Mittal, detailing the CIRP process, alleg...

July 11, 2024 90 Views 0 comment Print

IBBI Imposes ₹2 Lakh Penalty on IP for Lack of Cooperation with Investigation Agencies

Corporate Law : Read the detailed analysis of IBBI's Disciplinary Committee order against Narender Kumar Sharma, an Insolvency Professional, regar...

July 11, 2024 30 Views 0 comment Print

IBBI Penalizes RP for Submitting Revised Resolution Plan to AA Without CoC Approval

Corporate Law : IBBI suspends & Penalises RP For submitting a revised resolution plan to the Adjudicating Authority (AA) without obtaining the fin...

July 8, 2024 276 Views 0 comment Print


Resolution of Stressed Assets and IBC

May 11, 2022 3033 Views 0 comment Print

For any lender, the credit risk i.e., the possibility of not receiving the timely repayment of the contracted amount or of the counterparty not honouring its obligations in respect of the credit contract, constitutes a significant risk which need to be covered by maintaining adequate capital and risk provisions.

Voluntary Liquidation under IBC, 2016 – Analysis

May 11, 2022 37335 Views 7 comments Print

Section 59 of IBC together with the Insolvency and Bankruptcy Board of India (Voluntary Liquidation Process) Regulations, 2017 provide the mechanism for voluntary liquidation of a corporate person

IBBI penalises IP for laxity & delay in obtaining documents related to CD

May 10, 2022 585 Views 0 comment Print

The DC of IBBI observes that under section 35(1)(l) of the Code it is duty of liquidator to investigate the financial affairs of the corporate debtor to determine undervalued or preferential transactions. The liquidator is not required to depend on SCC for filling applications under sections 43, 45, 50 or 66 of the Code. In […]

Corporate Insolvency Resolution Process (CIRP) Under IBC, 2016

May 9, 2022 10500 Views 0 comment Print

Understand the Corporate Insolvency Resolution Process (CIRP) under the Insolvency & Bankruptcy Code, 2016. Get insights into the amendments and reforms in the financial sector laws.

IBBI suspends registration of IP for arrest by CBI for alleged undue advantage demand

May 9, 2022 306 Views 0 comment Print

Mr. Maity is handling 13 assignments, which are ongoing. It has been mentioned in the press release, that the CBI has arrested Mr. Maity regarding demand for undue advantage of Rs.20,00,000/-.

IBC is not For Money Recovery Proceedings: SC

May 8, 2022 5436 Views 0 comment Print

Invent Asset Securitisation And Reconstruction Pvt. Ltd. Vs Girnar Fibres Ltd (Supreme Court of India) Time and again, it has been expressed and explained by this Court that the provisions of the Code are essentially intended to bring the corporate debtor to its feet and are not of money recovery proceedings as such. The intent […]

Interest Free Security Deposit towards advance license fee is Operational Debt

May 8, 2022 1680 Views 0 comment Print

It is for the Appellant to take remedies out of the Agreement and it is open for the parties to take legal proceedings as permitted in law. In view of the fact that the payment made was initially towards the advance license fee it was an operational debt, the Adjudicating Authority has rightly admitted the application under Section 9.

Territorial Jurisdiction of NCLT cannot Be taken away by Agreement between Parties

May 8, 2022 606 Views 0 comment Print

NCLAT Delhi dismisses appeal, upholding the jurisdiction of NCLT, Principal Bench at New Delhi, in admitting Section 7 Application under the Insolvency and Bankruptcy Code.

Case Summary Sri Babu A Dhammanagi vs Union of India

May 8, 2022 1881 Views 0 comment Print

Resolution Professional’s job is confined to making recommendations; there is no aspect of adjudication on the Resolution Professional’s behalf. The final decision on whether the application should be accepted or rejected is made by the Adjudicating Authority, which is not bound by the Resolution Professional’s advice.

Resolution Professional Not Entitled to Fees during Stay on Insolvency Proceedings

May 8, 2022 1449 Views 0 comment Print

IndusInd Bank Ltd. Vs Rajendra K. Bhuta (NCLAT Delhi) When the Hon’ble Supreme Court by Interim Order dated 26th November, 2018 has stayed the insolvency proceedings which proceedings ultimately were set aside by the final Judgment dated 2nd September, 2019, we are of the view that Resolution Professional is not entitled for any fee after […]

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