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ARTICLE · 30 SEPTEMBER 2020

Can Force Majeure Frustrate The (Indian) Insolvency And Bankruptcy Code, 2016

Phoenix Legal
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India enacted the Insolvency and Bankruptcy Code, 2016 (IBC) to provide a new and an exclusive framework for reorganisation and insolvency resolution.

IndiaInsolvency/Bankruptcy/Re-Structuring

I. Introduction

India enacted the Insolvency and Bankruptcy Code, 2016 (IBC) to provide a new and an exclusive framework for reorganisation and insolvency resolution. One of its objects is resolution of insolvency of corporate persons, firms and individuals in a time bound manner. Undue delays had marked the earlier insolvency and bankruptcy regimes and it was hoped that this would change with the enactment of the IBC. Unfortunately, that has not happened. Delays, protracted judicial proceedings and appeals have marked large number of cases filed under the IBC. As of June 30, 2020, of the 2108 corporate insolvency resolution process filed and pending under the IBC (CIRP), 1094, i.e., more than 50% were pending for over 270 days since their initiation.

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