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  • Article

    NCLAT: Foreign Citizenship Cannot Facilitate An Escape From The Liability Of A Personal Guarantor

    In a recent order passed by the National Company Law Appellate Tribunal, Principal Bench (NCLAT), dismissing two appeals in Sudip Dutta @ Sudip Bijoy Dutta v. State Bank of India...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Khaitan & Co.
    Khaitan & Co.
  • Article

    The Insolvency And Bankruptcy Code 2016 – Arbitral Award Holder's Claim And Award Debtor's Resolution Plan: Sirpur Paper Mills Ltd v IK Merchants Pvt Ltd*

    The Calcutta High Court has held that an award holder's claim against an award debtor will be extinguished once the latter's Resolution Plan is approved, if the award holder has not pressed his claim during Corporate Insolvency Resolution Process
    India
Insolvency/Bankruptcy/Re-Structuring
Tuli & Co
Tuli & Co
  • Article

    Are The Changes Made To IBC Enough To Safeguard Businesses' Effect Of COVID-19?

    As companies continue to stay afloat with the aid and assistance from the government, the road to sustenance in growth in near future is riddled with challenges.
    IndiaCoronavirus (COVID-19)
    KS Legal & Associates
    KS Legal & Associates
  • Article

    RBI Issues Master Direction On Mortgage Guarantee Companies

    The RBI has issued master direction on mortgage guarantee companies.
    IndiaCorporate/Commercial Law
    Lex Favios
    Lex Favios
  • Article

    Resolution Delayed Is...

    The Insolvency and Bankruptcy Board of India (IBBI) recently published a discussion paper aimed at reducing delays and improving the resolution value under the corporate insolvency resolution process...
    IndiaCorporate/Commercial Law
    Phoenix Legal
    Phoenix Legal
  • Article

    India's Supreme Court Allows Registered Trade Unions To File Application As Operational Creditors On Behalf Of Members

    In a recent ruling, the Supreme Court resolved a long-standing dispute between JK Jute Mill Mazdoor Morcha and Juggilal Kamlapat Jute Mills Company Limited by allowing registered trade unions ...
    IndiaEmployment and HR
    Majmudar & Partners
    Majmudar & Partners
  • Article

    Personal Property Of Guarantors Cannot Be Transferred During CIRP Of Corporate Debtor Without Initiating Separate Proceedings - NCLAT

    This has been ruled in the matter of "Mr. Nitin Chandrakant Naik & Anr. Vs. Sanidhya Industries LLP & Ors.' vide judgement dated 26th August 2021
    IndiaFinance and Banking
    Juris Corp
    Juris Corp
  • Article

    Resolution Regime Needed For Financial Sector Entities

    The bill proposes to establish a "resolution corporation" (RC) to ensure orderly liqui¬dation and resolution of troubled financial sector entities.
    IndiaFinance and Banking
    Phoenix Legal
    Phoenix Legal
  • Article

    Allottees In Real Estate Projects Cannot Be Coerced Into Settlements By NCLT: Supreme Court

    The Supreme Court (SC) in its judgment dated 14 December 2021, in E S Krishnamurthy & Ors. v. M/s Bharath Hi Tech Builders Pvt. Ltd., Civil Appeal No. 3325/2020...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Amendment To Insolvency And Bankruptcy Board Of India Rule As On 29.3.2020

    IBBI has sought to provide relaxation for the timelines required to be complied with under the IBC and rules framed thereunder.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Dhaval Vussonji & Associates
    Dhaval Vussonji & Associates
  • Article

    Analysis Of Gujarat High Court Decision On Essar Steel India Limited Application

    Essar Steel India Limited ("Essar/Company") had filed a petition before Hon'ble Gujarat High Court ("Hon'ble High Court") challenging the directions issued by Reserve Bank of India ("RBI")...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S&A Law Offices
    S&A Law Offices
  • Article

    Arranging A Certificate From Financial Institution Is Dilemma For Foreign Operational Creditor

    Though, initially it was thought that Insolvency and Bankruptcy Code 2016 (I&B Code 2016) came as boon for all those Creditors who otherwise have to wait for years to settle their dues.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S&A Law Offices
    S&A Law Offices
  • Article

    Avoidance Applications Can Continue Before NCLT Post Plan Approval – Clarifies Delhi High Court In Tata Steel BSL Vs Venus Recruiters (2023/DHC/000257)

    On 26 July 2017, the NCLT passed an order admitting M/s Bhushan Steel Limited (Corporate Debtor) into corporate insolvency resolution process, pursuant to a Section 7 application filed by the State Bank of India ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Buyer Beware: Court Holds New Management Liable For Unpaid Gratuity In Insolvency Cases

    The High Court of Calcutta recently delivered a significant judgment in the case of M/s. Stesalit Limited vs. Union of India & Ors., addressing disputes over gratuity payments under the Payment of Gratuity Act, 1972...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Calcutta High Court Upholds The Constitutionality Of The Provisions Of IBC, 2016

    The Hon'ble Calcutta High Court on February 2, 2018, upheld the validity of Section 7, 8 and 9 of the Insolvency and Bankruptcy Code, 2016 in the case of Akshay Jhunjhunwala & anr. v. Union of India.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    Challenging Role Of An Insolvency Professional

    The transition from a fragmented legal system to a unified Insolvency and Bankruptcy Code 2016 (IBC) is marked by challenges to implement it effectively and expeditiously.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Dhir & Dhir Associates
    Dhir & Dhir Associates
  • Article

    Commercial Wisdom Of Committee Of Creditors (CoC): Can The CoC Resolve To Sink A Sailing Ship Under The Insolvency And Bankruptcy Code, 2016?

    The Single Bench of Hon'ble National Company Law Tribunal, Mumbai bench in the matter of State Bank of India v. Ushdev International Limited (CP No.1790/IBC/NCLT/MB/MAH/2017) decided on the following issues, ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    AJA Legal
    AJA Legal
  • Article

    COVID-19: Suspension Of Insolvency Proceedings In India

    In the light of the economic upheaval on account of the Covid-19 pandemic and the resultant restrictions on economic activity, the Indian Government had proposed suspension of the right to initiate insolvency resolution proceedings under the Insolvency and Bankruptcy Code...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S&R Associates
    S&R Associates
  • Article

    Creating Inroads In The Liquidation Process Under The New IBC Insolvency & Bankruptcy Code 2016

    The recently introduced legal, regulatory and policy changes that have been introduced in the Indian BFSI sector have not only geared up the pace at which the sector is operating but has also created...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Dhir & Dhir Associates
    Dhir & Dhir Associates
  • Article

    Cross Border Insolvency: A New Regime

    The Indian Insolvency and Bankruptcy Code, 2016 (Code), which came into effect on May 28 2016 provides a consolidated framework for the insolvency of companies, limited and unlimited liability partnerships...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S&A Law Offices
    S&A Law Offices
  • Showing 301–320 of 2111 results

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