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  • Article

    The Interplay Of Commercial Consistency And Undervalued Transactions: An Analysis Of The NCLT Kochi Bench Judgment In Piyush Kisanlal Jani v. Chuzattil Naryanana Manoj

    The Insolvency and Bankruptcy Code, 2016, envisages a robust mechanism for the maximization of the value of the assets of a corporate debtor, empowering the resolution professional to seek the avoidance...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    The Supreme Court Clarified That The Insolvency And Bankruptcy Code Prevails Over The Customs Act

    In the recent judgment of Sundaresh Bhatt, Liquidator of ABG Shipyard v. Central Board of Indirect Taxes and Customs, the Supreme Court observed that once the moratorium is introduced...
    IndiaInsolvency/Bankruptcy/Re-Structuring
Phoenix Legal
Phoenix Legal
  • Article

    The Supreme Court Has Refused To Interfere With The NCLAT's Ruling That The NCLT Can Hear Matters Against A Personal Guarantor Where The Company Is Not Undergoing CIRP: Mahendra Kumar Jajodia V. State Bank Of India Stressed Asset Management Branch [CA No 1871-1872/2022]

    State Bank of India filed an application under §95 of the Insolvency and Bankruptcy Code 2016 to initiate the corporate insolvency resolution process against a personal guarantor.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Tuli & Co
    Tuli & Co
  • Article

    Unjust Enrichment Post-Resolution: Justice Sundaresan Holds Award-Creditor Cannot Keep Money That No Longer Exists In Law

    On 17 December 2025, a learned Single Judge of the Bombay High Court, Justice Somasekhar Sundaresan, delivered a crisp but far-reaching ruling in Reliance Naval & Engineering Ltd. v. Afcons Infrastructure Ltd....
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Utility Of Information Utilities

    The Insolvency and Bankruptcy Code (the Code) is seen as a welcoming step to address the problem of stressed assets for investors and lenders.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S&A Law Offices
    S&A Law Offices
  • Article

    Vesuvius India Ltd. vs. Fenace Auto Ltd.

    The existence of I&B Code has systemized the process of insolvency but in this process, there is no statement as to differentiation among the different creditors while repaying the debt.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Khurana & Khurana, Advocates and IP Attorneys
    Khurana & Khurana, Advocates and IP Attorneys
  • Article

    Who Wins – Equitable Consideration Or Commercial Wisdom Of CoC?

    Resolution Plan should typically mirror the Insolvency and Bankruptcy Code, 2016 (Code) objectives in maximizing the value. The Code, the way it is derafted, puts all its faith in the...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    AMC Law Firm
    AMC Law Firm
  • Article

    Withdrawal Application After Initiation Of Corporate Insolvency Proceedings Under The IBC

    In case of any disputes between the parties, there are probabilities that parties might compromise and settle the matter during the pendency of the case before the Court.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    NovoJuris Legal
    NovoJuris Legal
  • Article

    ‘One97 Communications' To Recover Dues From RCom

    The stricter provision of the IBC and their effective enforcement have made it an active vehicle in order to resolve the problem of bad loans.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    A Writ Petition Against The Order Of An Arbitral Tribunal Is Only Maintainable In Exceptional Circumstances

    The Delhi High Court has reiterated that the writ petition remedy under Articles 226 and 227 of the Constitution of India is only available against orders passed by an Arbitral Tribunal in exceptional circumstances, and in cases where there is bad faith or perversity.
    IndiaLitigation, Mediation & Arbitration
    Tuli & Co
    Tuli & Co
  • Article

    Supreme Court Clarifies That Arbitration Proceedings Commencing After Imposition Of Moratorium Under Section 14 Of The Insolvency And Bankruptcy Code, 2016 Is Non Est In Law

    The Supreme Court of India while deciding the civil appeal in Alchemist Asset Reconstruction Company Limited Vs. M/s Hotel Gaudavan Private Limited & Ors, Civil Appeal number 16929...
    IndiaLitigation, Mediation & Arbitration
    Clyde & Co
    Clyde & Co
  • Article

    Revamping Indian Real Estate How Amendments To Insolvency Laws Promote Resolving Projects?

    From an optimistic future outlook, the Indian real estate market appears bright. According to a Concorde analysis, the real estate industry is expected to develop at a robust 9.2% CAGR...
    IndiaReal Estate and Construction
    Nexdigm Private Limited
    Nexdigm Private Limited
  • Article

    IBBI Clarifies That 'No Objection' From Income Tax Department Is Not Required In Voluntary Liquidation

    The Insolvency and Bankruptcy Board of India (IBBI) issued a circular on 15 November 2021. This circular clarified that there is no requirement to obtain a 'no objection' or 'no dues' certificate from the ...
    IndiaTax
    Nexdigm Private Limited
    Nexdigm Private Limited
  • Article

    Update: Practice Groups - Aviation & Aerospace And Insolvency & Restructuring

    Eleven months since the admission of the Go First insolvency, the Delhi High Court has passed a significant orderon April 26, 2024, allowing the writ petition filed by certain aircraft lessors...
    IndiaTransport
    Dentons
    Dentons
  • Article

    Companies Law Update | NCDRC Holds Parent Company Liable For Acts Of Its Subsidiary Company

    In a recent Order passed by the National Consumer Disputes Redressal Commission (“NCDRC”) in Prem Prakash Rajpurohit vs M/s Ansal Hi-Tech Township Ltd., dated 08 April 2026, NCDRC determined...
    IndiaCorporate/Commercial Law
    Mansukhlal Hiralal & Company
    Mansukhlal Hiralal & Company
  • Article

    Are Housing Finance Lenders "Financial Creditors" Of Developers Under Subvention Schemes?

    Builders often attract purchasers into buying under-construction flats by offering various arrangements and schemes with housing finance lenders to provide some relief to flat purchasers from paying heavy interest costs.
    IndiaFinance and Banking
    Dhaval Vussonji & Associates
    Dhaval Vussonji & Associates
  • Article

    A Word Of Caution For All Operational Creditors - Demand Notice Served Through An Advocate Cannot Be Treated As Notice Under Section 8 Of Insolvency And Bankruptcy Code, 2016

    How easy it was to hire an advocate, who used to draft a simple reminder known as Legal Notice/Demand Notice in a legal language and the same was served on the Debtor.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S&A Law Offices
    S&A Law Offices
  • Article

    Can SARFAESI Proceedings Be Continued When CIRP Has Been Admitted?

    The Hon'ble Supreme Court vide its order dated May 18, 2022 in Indian Overseas Bank Versus M/S Rcm Infrastructure Ltd. And Another observed that the proceedings under the...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    Emergence Of Project-Wise Insolvency In India

    The Insolvency and Bankruptcy Code, 2016 (IBC) was originally built as a monolithic architecture. Its primary mandate was clear: when a company defaults, the entirety of its corporate entity must be pulled into the Corporate Insolvency Resolution Process (CIRP). While this unified entity approach worked seamlessly for manufacturing units or simple corporate structures, its application to the real estate sector triggered catastrophic systemic failures. In real estate, a single developer frequently manages dozens of independent housing projects across varying stages of lifecycle, funding, and construction.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Maheshwari & Co. Advocates & Legal Consultants
    Maheshwari & Co. Advocates & Legal Consultants
  • Article

    Innoventive Industries Limited v. ICICI Bank Limited: Paradigm Shift In Insolvency Law In India

    On August 31st 2017, the Supreme Court of India in the case of Innoventive Industries Limited v. ICICI Bank Limited delivered its first extensive ruling on the operation and functioning of the Insolvency and Bankruptcy Code, 2016.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Cyril Amarchand Mangaldas
    Cyril Amarchand Mangaldas
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