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  • Article

    Insolvency And Bankruptcy Board Of India (Board) Passes Order Disallowing Employee From Registering As An Insolvency Professional

    The Board constituted under the chairmanship of Mr MS Sahoo has recently rejected an application for registration as an insolvency professional (IP) under regulation 7 of the Insolvency and Bankruptcy Board of India (Insolvency Professionals) Regulations, 2016 (IP Regulations) through its first regulatory order.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Insolvency And Bankruptcy Board Of India (Liquidation Process) (Amendment) Regulations, 2024

    The Insolvency and Bankruptcy Board of India ("IBBI"), vide notification dated February 12, 2024, issued the IBBI (Liquidation Process) (Amendment) Regulations, 2024, amending the IBBI (Liquidation Process) Regulations...
    India
Insolvency/Bankruptcy/Re-Structuring
JSA Advocates & Solicitors
JSA Advocates & Solicitors
  • Article

    Insolvency Plea Against Lavasa Corp Admitted By NCLT

    In order to tackle the problem of unscrupulous debtors escaping and delaying the repayment of debts, the Government of India brought forth the Insolvency and Bankruptcy Code, 2016.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    Insolvency – No Unfettered Discretion With Liquidator To Cancel Valid Auction On Mere Expectation Of Higher Price In Future

    In a case where the Liquidator after issuing the certificate that the appellant had won the auction of the subject property, cancelled the e-auction without giving any justification...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Insufficiently Stamped Agreements Between The Parties Cannot Be A Ground To Dismiss Applications For CIRP

    On July 16, 2024, the National Company Law Tribunal ("NCLT"), in Q West Infrastructure Private Limited v. Starwort Engineers Private Limited, (CP (IB) No. 229/MB/2024)...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Argus Partners
    Argus Partners
  • Article

    Introduction – IBC Yearly Round-Up 2022

    The Insolvency and Bankruptcy Code, 2016 ("Code") came into effect on 1.12.2016 as transformative legislation to ensure a healthy behavioural change in the creditor-debtor relationship...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Sarthak Advocates & Solicitors
    Sarthak Advocates & Solicitors
  • Article

    Invocation Of Corporate Guarantee During Moratorium - Analysis

    To punish the defaulters, India had numerous Acts in place like the Indian Contract Act,1872, the Recovery of Debts Due to Banks and Financial Institution Act 1993, the Securitizations and ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S&A Law Offices
    S&A Law Offices
  • Article

    Jet Airways Ratio Re-Affirmed: Liquidator Need Not Honour Post-Liquidation PF Penalties

    On 9 July 2025 the National Company Law Tribunal, Kochi Bench, closed a long-running skirmish between the Employees' Provident Fund Organisation and the liquidator of Raihan Healthcare Private Limited.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    NCLAT Holds ESI Contributions Outside Liquidation Estate

    In a ruling that re-aligns the tension between social-security statutes and insolvency law, the National Company Law Appellate Tribunal (NCLAT), Principal Bench, New Delhi, has held that contributions collected by an employer for the Employees' State Insurance Corporation (ESIC) never become the property of the corporate debtor and must be ring-fenced from the liquidation estate.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    NCLT Has No Power To Quash Civil Suit Or Direct Police To Arrest Any Person Obstructing Liquidator Under IBC : NCLAT

    NCLT also directed Police to arrest the said person for threatening and obstructing Liquidator.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    AMC Law Firm
    AMC Law Firm
  • Article

    Rajasthan HC : Assignment Under Section 5 SARFAESI Survives Even If NPA Tag Quashed, Guarantors Can't Reopen Decade-old ARC Deal.

    The Rajasthan High Court (Jodhpur Bench) delivered what is probably the final nail in a decade long coffin of litigation around a palatial hotel in Jaisalmer. In S.B. Civil Writ Petition No. 1240 of 2024...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Status Of Financial Creditors With Unadmitted Claims

    The Insolvency and Bankruptcy Code Code, 2018 which came into effect on 6th June, 2018 provides for various amendments to the Insolvency and Bankruptcy Code, 2016.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Dhaval Vussonji & Associates
    Dhaval Vussonji & Associates
  • Article

    Streamlining Insolvency Appointments: IBBI's Second (2025) Guidelines For Professionals

    The Insolvency and Bankruptcy Board of India ("Board") has, on 21 November 2025, released the Insolvency Professionals to act as Interim Resolution Professionals...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Strict Compliance with Timelines: The Supreme Court's Stance on Insolvency Appeals

    In a recent judgment, the Supreme Court of India has reaffirmed the importance of strict adherence to timelines in insolvency appeals...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Supersession Of The Board Of Directors And Appointment Of Administrator – Reliance Capital Limited ("RCAP")

    The Reserve Bank of India ("RBI") has, in its capacity as the regulator of non-banking financial companies and under the powers conferred to it pursuant to Section 45-IE (1)...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Juris Corp
    Juris Corp
  • Article

    Supreme Court Affirms Equal Treatment Of Homebuyers Under The Insolvency And Bankruptcy Code, 2016

    The financial implications for homebuyers in the context of the Insolvency and Bankruptcy Code, 2016 (Code) have been a subject of legal scrutiny. According to the Code, funds raised by a real estate...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Acuity Law
    Acuity Law
  • Article

    The Clock Stops Ticking – The Interplay Of The Law Of Limitation And The Insolvency And Bankruptcy Code

    The Supreme Court of India ("SC") in the judgment New Delhi Municipal Council v. Minosha India Limited, dated 27 April, 2022, Civil Appeal No. 3470 of 2022 has clarified the position...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Monthly Newsletter October 2021

    We are pleased to share our Monthly Newsletter with you. In our Newsletter for the month of October, 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

    Supreme Court Judgment In Bhusan Power & Steel Ltd CIRP That NCLAT Has No Jurisdiction On Public Law, Will Delay Resolution Process

    Matters involving public law, such as attachment of assets by the Enforcement Directorate (ED) under the PMLA, will now need to be adjudicated in separate forums, such as special courts/ tribunals, rather than being resolved within the IBC framework
    IndiaCorporate/Commercial Law
    S&A Law Offices
    S&A Law Offices
  • Article

    Extension Of Limitation Under IBC – Creditors Breathe Easy

    An ‘Acknowledgement' of liability not only saves limitation period but also confers on an individual a ‘cause of action' to him, to lay his claim.
    IndiaFinance and Banking
    Dhaval Vussonji & Associates
    Dhaval Vussonji & Associates
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