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  • Article

    Moratorium On Disposal Of Property Of Personal Guarantor Of The Corporate Debtor

    The aforesaid decision follows from the appeal filed by the SBI the financial creditor, against the order of the NCLT Chennai restraining them from proceeding against the property of a personal guarantor of the...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    LexCounsel
    LexCounsel
  • Article

    Moratorium Under IBC Not Applicable On Section 138 Of NI Act

    The current case in question revolves around two complaints filed by the Appellants under Section 138 of the Negotiable Instruments Act, 1881 one prior to the initiation of Corporate Insolvency Resolution Process...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    AMLEGALS
AMLEGALS
  • Article

    NCLAT Dismisses Appeal In Taguda Pte Ltd. Case: A Significant Ruling On Resolution Plan Implementation

    In a landmark decision, the National Company Law Appellate Tribunal (NCLAT) dismissed an appeal filed by Taguda Pte Ltd., a successful resolution applicant (SRA)...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    No Automatic Transfer Of Winding Up Proceeding Under SICA To NCLT

    In a recent judgment delivered by the Hon'ble Supreme Court presided by the division bench of R.F. Nariman J. And M.R. Shah J. dated 12th December 2018 in Jaipur Metals and Electricals Employees
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Vandana Garg (RP) v. Mysore Petro Chemicals: Scope Of Section 14 Moratorium And The Survival Of Underlying Real Estate Claims In CIRP

    The intersection of the Insolvency and Bankruptcy Code, 2016 (IBC) and sector-specific regulatory regimes continues to generate significant jurisprudential debate, particularly concerning the scope and effect...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    The Scope Of Interim Moratorium Under Section 96 Of The Code Is Limited, Clarifies SC

    In the recent judgment of Hon'ble Supreme Court ("SC") in Saranga Anilkumar Aggarwal Versus Bhavesh Dhirajlal Sheth & Others. , SC dealt with a legal proposition concerning whether execution proceedings under Section 27 of the Consumer Protection Act, 1986 ("CP Act").
    IndiaConsumer Protection
    AJA Legal
    AJA Legal
  • Article

    Circular On Anomaly Shows Goals Of Code Take Priority

    The Insolvency and Bankruptcy Code, 2016 (IBC), implements a "creditor-in-possession" regime that vests decision making powers of the insolvent company with a "committee of creditors" (CoC) ...
    IndiaCorporate/Commercial Law
    Dhir & Dhir Associates
    Dhir & Dhir Associates
  • Article

    Corporate Bond Investment Limits: Changes Make Sense

    On 20 July, foreign portfolio investors and investors in rupee denominated bonds got an unwelcome surprise in the form of a circular from SEBI that effectively halted the subscription of corporate debt...
    IndiaCorporate/Commercial Law
    Phoenix Legal
    Phoenix Legal
  • Article

    NCLAT: A Corporate Guarantor Cannot Be Absolved From Its Liability Only Because The Guarantee Is Not Invoked

    In the case of Iskon Infra Engineering Private Limited v. Central Bank of India[1], the National Company Law Appellate Tribunal ("NCLAT") rejected the dissolution...
    IndiaCorporate/Commercial Law
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    NCLAT: An Application Under Section 12A Of The IBC Is Not Maintainable After Commencement Of Liquidation

    The National Company Law Appellate Tribunal, New Delhi on August 29, 2024 gave its decision in the case of Asha Chopra v. Hind Motors India Limited...
    IndiaCorporate/Commercial Law
    Argus Partners
    Argus Partners
  • Article

    NCLT Accepts First Resolution Plan

    Following this, the District Court issued a notice, which was later challenged in the Supreme Court by AARCL.
    IndiaCorporate/Commercial Law
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    NCLT Orders Freeing Of Attached Property

    The company being an independent legal entity is recognized for distinguished identity. The specialized corporate structure is monitored under the provisions of the Companies Act, 2013.
    IndiaCorporate/Commercial Law
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    Personal Guarantors Are Accountable Under The IBC: The Supreme Court Sheds Light

    On May 21, 2021, the Apex Court of India, in the case of Lalit Kumar Jain vs. Union of India & Ors.1, upheld the validity of the Centre's notification dated November 15, 2019...
    IndiaCorporate/Commercial Law
    Obhan Mason
    Obhan Mason
  • Article

    Third Party Security: Pledgees Not Financial Creditors

    In Anuj Jain, Interim Resolution Professional for Jaypee Infratech Limited v. Axis Bank Etc , the Supreme Court held that a mortgagee is not a financial creditor of a corporate debtor...
    IndiaFinance and Banking
    Dhaval Vussonji & Associates
    Dhaval Vussonji & Associates
  • Article

    Why Standard Project Finance Safeguards Do Not Disqualify Debenture Holders From The Committee Of Creditors

    The intersection of structured finance and insolvency law continues to generate significant judicial discourse, particularly on the question of when a financial creditor ceases to be a mere lender and becomes a related party of the corporate debtor. A recent ruling by the National Company Law Tribunal, New Delhi Bench, in Rishi Gupta and Anr. v. IDBI Trusteeship Services Ltd. and Ors. offers important clarity on this issue.
    IndiaFinance and Banking
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Withdrawal of FRDI Bill Following Public Concerns Over Security of Public Deposits

    The Financial Resolution and Deposit Insurance Bill 2017 (Bill), which was tabled in the Parliament in August 2017 as a result of India's G-20 commitment, had attracted some criticism following concerns over its controversial ‘Bail-in' provision which allowed for the use of public deposits for restructuring of a failing financial institution's liabilities.
    IndiaFinance and Banking
    Tuli & Co
    Tuli & Co
  • Article

    IBBI Notifies The IBBI (Voluntary Liquidation Process) (Second Amendment) Regulations, 2026

    The IBBI, through notification dated 01.06.2026 has released the IBBI (Voluntary Liquidation Process) (Second Amendment) Regulations, 2026 (“Voluntary Liquidation Amendment Regulations”) to amend the IBBI (Voluntary Liquidation Process) Regulations, 2017 (“Voluntary Liquidation Principal Regulations”), in order to give effect to the changes brought about by the Amendment Act.
    IndiaGovernment, Public Sector
    Sagus Legal
    Sagus Legal
  • Article

    NCLT's Jurisdiction In Interplay Between S 32A Of IBC With PMLA

    In a recent case, Shiv Charan & Ors. v. Adjudicating Authority under the Prevention of Money Laundering Act, 2002, Department of Revenue & Anr...
    IndiaGovernment, Public Sector
    Naik Naik & Company
    Naik Naik & Company
  • Article

    Admitted Notice = Valid Notice: NCLAT Restores SBI's ₹130-cr Personal Guarantor Insolvency Resolution Process

    Can a personal guarantor deny receipt of a demand notice after expressly acknowledging it in a writ petition before the Supreme Court? The National Company Law Appellate Tribunal (Chennai Bench) says an emphatic "No".
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Application For Withdrawal Of CIRP Is Maintainable Prior To Formation Of COC

    The Supreme Court in the matter of Abhishek Singh Vs Huhtamaki Ppl Limited & Anr has held that Section 12A of the Insolvency and Bankruptcy Code 2016 does not debar admission of applications for withdrawal of CIRP ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Mansukhlal Hiralal & Company
    Mansukhlal Hiralal & Company
  • Showing 381–400 of 2111 results

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