Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 24 DECEMBER 2019

2019: Changing Dimensions Of IBC

K Singhania & Co
Explore more from K Singhania & Co

This newsletter discusses the recent developments in the Insolvency and Bankruptcy Code that dynamically changes the way the code shall be governing the future of the companies.

IndiaInsolvency/Bankruptcy/Re-Structuring
Krrishan Singhania
Krrishan Singhania

This newsletter discusses the recent developments in the Insolvency and Bankruptcy Code that dynamically changes the way the code shall be governing the future of the companies. The NCLT, NCLAT and the Supreme Court have passed several landmark judgements in 2019 as well as the Central Government have also passed amendments incorporating certain provisions in the Code, the MCA has also issued notification which will further help in streamlining the insolvency process in near future. The second half of the year has seen a tremendous change in the dynamics of the Insolvency Code which is briefly discussed below:

CASES

CIRP application against companies struck off by the RoC is maintainable

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

The Insolvency And Bankruptcy Code (Amendment) Act, 2026

India's Insolvency and Bankruptcy Code undergoes significant reform through the 2026 Amendment Act, introducing stricter timelines, enhanced creditor oversight, and frameworks for group and cross-border insolvency. The amendments address persistent challenges in resolution efficiency, withdrawal restrictions, and fraudulent transaction scrutiny while aligning with international best practices to strengthen investor confidence.
IndiaInsolvency/Bankruptcy/Re-Structuring
Mansukhlal Hiralal & Company
Mansukhlal Hiralal & Company
Article

The IBC Amendment Act, 2026: Reshaping Real Estate Insolvency

The Insolvency and Bankruptcy Code (Amendment) Act, 2026 (‘Amendment Act’), which amends the Insolvency and Bankruptcy Code, 2016 (‘Code’), received Presidential assent on April 6, 2026. Most amendments took effect on May 26, 2026. However, three significant mechanisms the accelerated admission deadline, creditor-initiated resolution, and group insolvency have been enacted but have not yet come into force and will take effect only upon the issuance of a commencement notification by the Central Government under the applicable provisions of the Code.
IndiaInsolvency/Bankruptcy/Re-Structuring
Shardul Amarchand Mangaldas & Co
Shardul Amarchand Mangaldas & Co
Article

IBC Update - Removal Of Interim Moratorium For Personal Guarantors Apples To Pending Proceedings

The Bombay High Court recently addressed a critical question regarding the temporal application of Section 96(4) of the Insolvency and Bankruptcy Code, which removed the interim moratorium protection for personal guarantors of corporate debtors. The ruling clarifies whether this amendment applies only to fresh applications filed after its enactment or extends to insolvency proceedings that were already pending when the law changed. This decision has significant implications for creditors seeking to pursue p
IndiaInsolvency/Bankruptcy/Re-Structuring
Mansukhlal Hiralal & Company
Mansukhlal Hiralal & Company
Article

The End Of The “Settlement Exit”? — The Stricter Section 12A Regime Post-2026 Amendment

For nearly eight years, the Insolvency and Bankruptcy Code, 2016 (IBC) carried within it a quiet contradiction. On the one hand, it was designed to be a serious, time-bound, collective resolution mechanism and a creditor-driven process. On the other hand, it contained Section 12A, a provision that became one of the most strategically exploited exits in Indian commercial law.
IndiaInsolvency/Bankruptcy/Re-Structuring
Foresight Law Offices
Foresight Law Offices
Article

Key Insights Into The Draft Arbitration And Conciliation (Amendment) Bill, 2024

India has significantly advanced its approach to arbitration, aiming to establish itself as a global hub for dispute resolution. With increasing support from Indian courts for the finality of arbitral awards and enforcement of foreign awards, alongside institutions like the Mumbai Centre for International Arbitration (MCIA), the country is poised to become a preferred destination for arbitration.
IndiaLitigation, Mediation & Arbitration
K Singhania & Co
K Singhania & Co