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  • Article

    Moratorium Declared Under Section 14 Of The IBC Does Not Apply To Proceedings In Respect Of Directors Or Management Of Corporate Debtor: Supreme Court Of India

    The Hon'ble Supreme Court in its recent decision in Anjali Rathi and Ors. v. Today Homes & Infrastructure Pvt. Ltd. and Ors.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Phoenix Legal
    Phoenix Legal
  • Article

    Moratorium Under The IBC And The Commercial Wisdom Of The CoC: Lessons From Davani Silks

    The National Company Law Tribunal, Kochi Bench, examined whether moratorium protections under Section 14 of the Insolvency and Bankruptcy Code extend to leased premises that have been mutually terminated and abandoned...
    IndiaInsolvency/Bankruptcy/Re-Structuring
IndiaLaw LLP
IndiaLaw LLP
  • Article

    NCLAT's Decision In Phoenix ARC Case: Implications For Secured Creditors' Security Interest In Liquidation

    On 20 March 2025, the National Company Law Appellate Tribunal (NCLAT) delivered a judgment in the case of Phoenix ARC Private Limited vs. Kuldeep Verma...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    No Bar For Withdrawal After Constitution Of CoC

    A significant amendment by Act No. 26 of 2018 (w.e.f. 6-6-2018) was brought in the form of insertion of Section 12A which provided for withdrawal of applications admitted under Section 7, 9 or 10 of the Insolvency and Bankruptcy Code, 2016 ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Dentons
    Dentons
  • Article

    Note On Scheme Of Compromise And Arrangement W.R.T Insolvency And Bankruptcy Code, 2016

    Question: What will be the status of a scheme of compromise or arrangement initiated under section 230 of the Companies Act, 2013 if the Corporate Insolvency Resolution ("CIR")...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S&A Law Offices
    S&A Law Offices
  • Article

    Overview Of The Important Amendments Made To The Insolvency And Bankruptcy Code 2016

    The Insolvency and Bankruptcy Code, 2016 nearly after two years of its operation has undergone some significant amendments by way of the Insolvency and Bankruptcy Code (Amendment) Ordinance 2018.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S&A Law Offices
    S&A Law Offices
  • Article

    Proceeding With The Dissolution Of The Corporate Debtor While The Special Court's Proceedings Are Still Ongoing Would Risk Encroaching Upon Judicial Authority

    In a significant ruling , the National Company Law Tribunal (NCLT), New Delhi Bench, dismissed an application seeking the dissolution of M/s Shakti Bhog Snacks Limited (SBSL) under Section 54 of the Insolvency and Bankruptcy Code, 2016 (IBC).
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Clasis Law
    Clasis Law
  • Article

    RBI Fast Tracks The Stressed Asset Resolution Process

    On 5 May 2017, a day after the recent Banking Regulation (Amendment) Ordinance, 2017 (Ordinance) received Presidential assent, the Reserve Bank of India issued a circular on...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Restructuring & Insolvency Monthly Update | March 2022

    Thereafter, the Appellant addressed a Demand Notice under Section 8 of IBC to the Respondent, to which the Respondent denied that any debt was owed by them to the Appellant.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    HSA Advocates
    HSA Advocates
  • Article

    Right Of The High Court To Intervene When NCLT Passes An Order Pertaining To Public Law

    The Supreme Court on December 3, 2019, in an appeal filed in the case of Embassy Property Developments Pvt. Ltd, held that though the National Company Law Tribunal and the National Company Law Appellate Tribunal ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Phoenix Legal
    Phoenix Legal
  • Article

    Sale As A Going Concern Alternative In Liquidation

    While the case for employees may be rooted in social welfare, liquidation as a going concern of a financially troubled entity also makes sound business sense.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Dhir & Dhir Associates
    Dhir & Dhir Associates
  • Article

    Sale As A Going Concern: Alternative In Liquidation?

    The pros and cons, present need and future utility of such a process are briefly assessed below.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Dhir & Dhir Associates
    Dhir & Dhir Associates
  • Article

    Section 14(1)(d) IBC – SC Rules It Cannot Block CoC‑Approved Surrender Of Property

    The Supreme Court in Sincere Securities Pvt. Ltd. & Ors. v. Chandrakant Khemka & Ors. (2025 INSC 931)reaffirmed the primacy of the Committee of Creditors' (CoC) commercial wisdom...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Section 18 Of Limitation Act Applicable To Proceedings Under Insolvency And Bankruptcy Code, 2016- India

    The Hon'ble Supreme Court vide its order dated April 18, 2022 in State Bank of India Vs Krishidhan Seeds Private Limited has observed that Section 18 of the Limitation Act...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    Section 32A Of The IBC

    Insolvency and Bankruptcy Code (IBC) was enacted on May 28, 2016 to effectively deal with insolvency and bankruptcy of corporate persons, partnership firms and individuals, in a time bound manner.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    HSA Advocates
    HSA Advocates
  • Article

    Strengthening Insolvency Procedures: Key Amendments By The IBBI

    The Insolvency and Bankruptcy Board of India ("IBBI") has recently implemented significant revisions via the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Dhaval Vussonji & Associates
    Dhaval Vussonji & Associates
  • Article

    Strengthening Transparency In CIRP: A Legal Analysis Of IBBI (Insolvency Resolution Process For Corporate Persons) (Seventh Amendment) Regulations, 2025

    The Insolvency and Bankruptcy Board of India's latest modification to the Corporate Insolvency Resolution Process (CIRP) framework marks a significant regulatory...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Supreme Court Affirms Non Applicability Of The Doctrine Of Election Under The Insolvency And Bankruptcy Code, 2016

    The Supreme Court of India recently addressed the issue of the applicability of the doctrine of "election" under the Insolvency and Bankruptcy Code...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Economic Laws Practice
    Economic Laws Practice
  • Article

    Supreme Court Reiterates Overriding Effect Of Insolvency And Bankruptcy Code, 2016

    The Supreme Court, in its recent judgment, reiterated the overriding effect of the Insolvency and Bankruptcy Code, 2016 (IBC). Further, the Hon'ble Court has also expressly discussed...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Nexdigm Private Limited
    Nexdigm Private Limited
  • Article

    The Curious Case Of Jet Airways: An Unending Saga

    Jet Airways an erstwhile premium airline operating primarily in Indian air space has been suffering financial distress for almost a decade now.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Dhir & Dhir Associates
    Dhir & Dhir Associates
  • Showing 341–360 of 2111 results

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