Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 24 JANUARY 2023

Between The Lines... January 2023

Vaish Associates Advocates
Explore more from Vaish Associates Advocates

The High Court of Delhi, in its judgment dated December 15, 2022 in the matter of Brilltech Engineers Private Limited v. Shapoorji Pallonji and Company Private Limited [Arb. P. 790 / 2020], has held that invocation of proceedings under ...

IndiaInsolvency/Bankruptcy/Re-Structuring
Aayush Jain
Aayush Jain
Mahir Shaparia
Mahir Shaparia
Navya Shukla
Navya Shukla
Pritika Shetty
Pritika Shetty
Rishabh Chandra
Rishabh Chandra
Author LinkedIn connections

I. DELHI HIGH COURT: INVOKING CIRP WOULD NOT MAKE THE DISPUTE NON-ARBITRABLE.

The High Court of Delhi ("High Court"), in its judgment dated December 15, 2022 in the matter of Brilltech Engineers Private Limited v. Shapoorji Pallonji and Company Private Limited [Arb. P. 790 / 2020], has held that invocation of proceedings under the relevant provisions of the Insolvency and Bankruptcy Code, 2016 ("IBC") seeking initiation of corporate insolvency resolution process ("CIRP") against an entity does not make the dispute non-arbitrable in nature.

Facts

Army Welfare Housing Organization ("AWHO") awarded the project for construction of Twin Tower residential accommodation at Greater Noida to Shapoorji Pallonji and Company Private Limited ("Respondent") on March, 2011. Further, on November 16, 2011, AWHO approved Brilltech Engineers Private Limited ("Petitioner") as a "specialist firm" for carrying out electrification works in the aforesaid project. Thereafter, on

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

© 2026, Vaish Associates Advocates,
All rights reserved
Advocates, 1st & 11th Floors, Mohan Dev Building 13, Tolstoy Marg New Delhi-110001 (India).

The content of this article is intended to provide a general guide to the subject matter. Specialist professional advice should be sought about your specific circumstances. The views expressed in this article are solely of the authors of this article.

View source

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 Amendment Bill 2026: Key Changes, Timelines And Practical Implications For Stakeholders

India's insolvency regime is entering a decisive phase of reform. Nearly a decade after the Insolvency and Bankruptcy Code, 2016 ("IBC") came into force, the Insolvency and Bankruptcy Code (Amendment) Bill, 2026, reportedly passed by the Lok Sabha on 30 March 2026, introduces a series of targeted changes aimed at improving the efficiency and predictability of the framework.
IndiaInsolvency/Bankruptcy/Re-Structuring
Legitpro Law
Legitpro Law
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