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  • Article

    IBBI Notifies Insolvency And Bankruptcy Board Of India (Insolvency Resolution Process For Corporate Persons) (Fifth Amendment) Regulations, 2025

    The IBBI notified the IBBI (Insolvency Resolution Process for Corporate Persons) (Fifth Amendment) Regulations, 2025 by notification dated 04.07.2025 to amend the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Sagus Legal
    Sagus Legal
  • Article

    India's Insolvency Law - Withdrawal Of Insolvency Petition

    When the Insolvency and Bankruptcy Code was enacted and came into force in the year 2016, the Code did not envisage withdrawal of an insolvency application once such an application for initiating the CIRP" of the corporate debtor is admitted.
    IndiaInsolvency/Bankruptcy/Re-Structuring
Chambers of Rajan & Indraneel
Chambers of Rajan & Indraneel
  • Article

    Recent Amendments To CIRP Regulations

    The Regulations earlier provided payment of liquidation value to OCs and dissenting FCs in priority.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Dhir & Dhir Associates
    Dhir & Dhir Associates
  • Article

    Status Of Statutory Dues Under IBC – Operational Or Financial Creditors – Who Decides?

    In the Insolvency Resolution Process for Corporate Persons, an issue is generally discussed as to the status of statutory dues payable by the Corporate Person – whether the same will qualify...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Singhania & Partners LLP
    Singhania & Partners LLP
  • Article

    Applications Filed Under IBC Will Attract Penalties Under IBC And Not The Companies Act, 2013

    The National Company Law Appellate Tribunal ("NCLAT") in Mr. Ashish Chaturvedi v. Inox Leisure Limited has clarified that if an application is filed under the provisions of Insolvency and Bankruptcy Code...
    IndiaCorporate/Commercial Law
    Dhaval Vussonji & Associates
    Dhaval Vussonji & Associates
  • Article

    Jury Is Out On Aspects Of Winding Up And Insolvency

    Winding up proceedings were earlier initiated and conducted under the Companies Act, 1956.
    IndiaCorporate/Commercial Law
    Dhir & Dhir Associates
    Dhir & Dhir Associates
  • Article

    Securities And Exchange Board Of India Issues Operating Guidelines For Investment Advisers In International Financial Services Centre (IFSC)

    SEBI has issued SEBI (International Financial Services Centers) Guidelines, 2015 for facilitating and regulating financial services relating to securities market in an IFSC set...
    IndiaFinance and Banking
    Lex Favios
    Lex Favios
  • Article

    Wilful Defaulters And Intervention Of Courts: Should There Be A Lakshman Rekha?

    The Business Standard on 25 November 2021 reported that the outstanding amount owed by willful defaulters to the Indian Banking system increased to a staggering amount of Rs. 62,970 since the beginning of the pandemic.
    IndiaFinance and Banking
    ZBA
    ZBA
  • Article

    Analysis Of The Jet Airways Insolvency Case And The Shortcomings Of The IBC, 2016

    The Jet Airways (India) Limited insolvency case has garnered significant attention as it highlights critical aspects of the Insolvency and Bankruptcy Code (IBC), 2016...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Case Note On: Achenbach Buschhutten Cmbh & Co V. Arcotech Ltd Analyzing Betwixt The Insolvency Code And Arbitration Act

    The Honorable National Company Law Appellate Tribunal on July 31, 201726 ruled that mere clause of arbitration in an agreement cannot be termed to be an existence of dispute...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S&A Law Offices
    S&A Law Offices
  • Article

    Code Of Conduct For CoC: Caging The Commercial Wisdom?

    The increasingly large haircuts that creditors are taking under the Insolvency and Bankruptcy Code, 2016 (Code) has alarmed stakeholders and government alike.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    ZBA
    ZBA
  • Article

    Creditors Can Restore Corporate Insolvency Resolution Process In Case Of Default Of Settlement By Corporate Debtor

    PTO Circuits (India) Limited (‘CD') had approached ICICI Bank Limited (‘FC') for various credit facilities and availed non-fund based working capital facilities of ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    LexCounsel
    LexCounsel
  • Article

    Default Is Default—Even On A Half-Disbursed Loan: NCLAT Clears Axis Bank's CIRP Trigger

    On 6 October 2025, NCLAT's Principal Bench, New Delhi, delivered a terse but telling reminder that the CIRP under the Insolvency & Bankruptcy Code, 2016 is triggered by default, not the degree of disbursement or the robustness of security.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Determining Pre-Existing Disputes Under Section 8(2)(a) Of The IBC: The Vague WhatsApp Message Don't Prove Pre-existing Dispute

    In a significant ruling, the National Company Law Appellate Tribunal (NCLAT) has overturned a decision by the National Company Law Tribunal (NCLT) in an insolvency case involving Mrs. Leena Salot, the proprietor of Riddhim...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Fate Of The Accounts Covered Under The February 2018 Circular Post Supreme Court Judgment

    The Supreme Court of India in the matter of Dharani Sugars & Chemical Ltd Vs. Union of India struck down Circular dated 12th February 2018 issued by RBI as ultra vires of section 35AA of the
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Fraudulent Or Collusive CIRP Admission May Be Recalled, But The Insolvency Process Can Continue If It Has Acquired An In-rem Character

    The Supreme Court of India examined whether an Adjudicating Authority under the Insolvency and Bankruptcy Code possesses the power to recall admission of insolvency proceedings initiated through fraud and collusion, and whether such findings necessitate termination of the entire Corporate Insolvency Resolution Process. The case involved a real estate project where homebuyers alleged that insolvency proceedings were collusively initiated to frustrate their remedies and shield the project from regulatory acti
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Government constitutes Insolvency Law Committee

    The Insolvency and Bankruptcy Board of India (hereinafter referred to as the "IBBI") has constituted the Insolvency law Committee vide notification no. 35/14/2017 dated November 16, 2017.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    IBBI Tightens Transparency Norms: New Disclosure Templates For Resolution Applicants To Safeguard Section 32A Immunity

    The Insolvency and Bankruptcy Board of India (IBBI) has taken a decisive step toward fortifying the integrity of corporate insolvency proceedings. On 6 November 2025, it released a Discussion Paper proposing...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    IBC (Amendment) Bill, 2025: Proposing Sweeping Changes In India's Insolvency Framework

    In a continued effort to improve and restructure the insolvency framework, the Government of India introduced the Insolvency and Bankruptcy Code (Amendment) Bill, 2025...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Lexplosion Solutions Private Limited
    Lexplosion Solutions Private Limited
  • Article

    IBC Moratorium Does Not Shield Penalties Under Consumer Protection Act, Supreme Court Asserts

    The Supreme Court of India has delivered a landmark judgment in the matter of Saranga Anilkumar Aggarwal vs Bhavesh Dhirajlal Sheth & Ors. clarifying that the interim moratorium under the Insolvency.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Showing 181–200 of 2111 results

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