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  • Article

    IBC: Moratorium Is-À-Vis Invocation Of Bank Guarantee

    The Insolvency and Bankruptcy Code, 2016 ("IBC") deals with reorganisation and insolvency resolution of corporate persons
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Fair & Just Legal Solutions LLP
    Fair & Just Legal Solutions LLP
  • Article

    IBC Update | Liability Of Corporate Guarantors

    The Bank initiated proceedings against the Corporate Guarantor for a default of a sole proprietorship firm, in its capacity as the corporate guarantor of the loan.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Mansukhlal Hiralal & Company
    Mansukhlal Hiralal & Company
Article

Implication Of Classifying Corporate Debtor As "Fraud" During Corporate Insolvency Resolution Process

The recent decision of the Hon'ble National Company Law Tribunal, Mumbai Bench, in the case concerning Rolta India Limited (Corporate Debtor herein), wherein it upheld the right of the Bank of India (Financial Creditor)...
IndiaInsolvency/Bankruptcy/Re-Structuring
Hammurabi & Solomon Partners
Hammurabi & Solomon Partners
  • Article

    India As An Emerging Hub For Cross-Border Insolvency And Asset Tracing

    India is increasingly featuring in cross border insolvency and asset tracing work, reflecting both recent legal reform and a noticeable shift in how Indian insolvency professionals approach complex recoveries.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Conyers
    Conyers
  • Article

    Is The Supply Of Essential Goods Or Services During Moratorium Period Needs To Be Without Any Charges?

    Section 14(2) of the Insolvency and Bankruptcy Code, 2016 (I&B Code 2016) provides that during the moratorium period the supply of essential goods or services ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S&A Law Offices
    S&A Law Offices
  • Article

    Legislative Amendments - IBC Yearly Round-Up 2022

    The Insolvency and Bankruptcy Board of India ("IBBI") notified amendments to the IBBI (Voluntary Liquidation Process) Regulations, 2016, and IBBI (Liquidation Process) Regulations
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Sarthak Advocates & Solicitors
    Sarthak Advocates & Solicitors
  • Article

    Personal Guarantor Insolvency And Appropriate Adjudicating Authority – Need For Clarity

    Filing of personal insolvency against a personal guarantor is to be filed before the same NCLT as the corporate debtor.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    ZBA
    ZBA
  • Article

    Relaxation To Homebuyers From Regulatory Fee Payment

    The Insolvency and Bankruptcy Board of India had previously via the IBBI Regulations, 2022 inserted Regulation 31A(1) which introduced a regulatory fee payable to IBBI.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Monthly Newsletter - April 2021

    While capturing the Indian updates, we believe it is imperative to discuss some of the recent decisions by the Supreme Court
    IndiaLitigation, Mediation & Arbitration
    AKS Partners
    AKS Partners
  • Article

    Monthly Newsletter - June 2021

    We are pleased to share our Monthly Newsletter with you. In our Newsletter, we bring to you the most important and significant legal developments from the field of Indian and International Arbitration.
    IndiaLitigation, Mediation & Arbitration
    AKS Partners
    AKS Partners
  • Article

    NCLT Cannot Permit Withdrawals/modifications Of Submitted Resolution Plan – Supreme Court

    This has been held by the Supreme Court vide its judgment dated 13.09.2021 in the matter of Ebix Singapore Private Limited vs. Committee of Creditors of Educomp Solutions Limited.
    IndiaLitigation, Mediation & Arbitration
    Juris Corp
    Juris Corp
  • Article

    Rajani Acts For Ariisto Developers RP In $220M Debt Resolution By Prestige Estates

    Rajani acts for Ariisto Developers RP in $220M debt resolution by Prestige Estates.
    IndiaReal Estate and Construction
    Rajani Associates
    Rajani Associates
  • Article

    Scope Of A Debtor's Right To 'Set-Off' Amounts Due To It Against Debts Owed To An Entity In CIRP

    In Bharti Airtel Limited v. Vijaykumar V. Iyer (Supreme Court of India, 03 January 2024; Coram: Khanna, Bhatti, JJ) the Supreme Court laid down important principles governing the right of ‘set-off' in relation to debts owed to a company undergoing CIRP.
    IndiaCorporate/Commercial Law
    Saakshya Law
    Saakshya Law
  • Article

    High Court Of Punjab & Haryana Holds That Moratorium Under The IBC Does Not Bar The Criminal Proceedings Against The Directors Under The NI Act

    The High Court of Punjab and Haryana through its judgment dated 20.07.2026 in Ajay Gupta and Another v. Can Bank Factors Limited dismissed a Petition filed under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of criminal proceedings under Sections 138 and 141 of the Negotiable Instruments Act, 1881 on the ground that insolvency proceedings had been initiated against the company under the IBC.
    IndiaCriminal Law
    Sagus Legal
    Sagus Legal
  • Article

    Byju's' Creditlore To Continue: Supreme Court Clarifies Norms For Settlement With Creditors Under The IBC

    The last two years have been tumultuous for Think & Learn Pvt. Ltd., the parent company of the online education brand Byju's. Now, Byju's will continue to deal a bad hand with its creditors...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    BTG Advaya
    BTG Advaya
  • Article

    Corporate Guarantees Giving Rise To Liability For Repayment Of Money Borrowed Constitute ‘financial Debt’ – Technical Lapses Are Immaterial

    The Supreme Court recently examined whether corporate guarantees executed during financial distress can constitute 'financial debt' under the Insolvency and Bankruptcy Code, 2016. The case arose when SBI Consortium's claims as financial creditors were challenged on grounds including suspicious timing, non-disclosure in financial statements, and insufficient stamping.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Limitation Period Not Applicable For Recovery Of Dues Under IBC

    The Supreme Court passed an order dismissing the appeal on the ground of having no merit and keeping the question of law open as to whether Limitation Act applied to the present case.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Mansukhlal Hiralal & Company
    Mansukhlal Hiralal & Company
  • Article

    Madras High Court Rules In Favour Of IBBI Circular Permitting Creditor Recommendations For Resolution Professionals

    In a significant ruling, the Madras High Court has dismissed two writ petitions challenging a circular issued by the Insolvency and Bankruptcy Board of India (IBBI).
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Release Of Third-Party Assets Permitted During Moratorium Under The Bankruptcy Code

    Can you rescue your raw materials or unfinished products from a company after it goes under insolvency?
    IndiaInsolvency/Bankruptcy/Re-Structuring
    LexCounsel
    LexCounsel
  • Article

    The Insolvency And Bankruptcy (Amendment) Ordinance, 2017

    On 23th November 2017, the President of India has promulgated the Insolvency and Bankruptcy (Amendment) Ordinance, 2017 ("the Ordinance").
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S&A Law Offices
    S&A Law Offices
  • Showing 121–140 of 2111 results

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