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  • Article

    Moratorium Shield Gets Trimmed For Personal Guarantors

    The Supreme Court, in its recent judgment titled Saranga Anilkumar Aggarwal vs. Bhavesh Dhirajlal Sheth and Ors. 2025 SCC OnLine SC 493, has held that the interim moratorium under Section 96 of the Insolvency and Bankruptcy Code, 2016 ("Code") would not be applicable to execution of regulatory penalties imposed by courts or tribunals.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Sarthak Advocates & Solicitors
    Sarthak Advocates & Solicitors
  • Article

    NCLAT: Adjudicating Authority Can Extend Payment Timelines In A Resolution Plan Without The Concurrence Of The CoC

    In the recent decision of Ashok Dattatray Atre & Ors. v. State Bank of India & Ors.[1] National Company Law Appellate Tribunal ("NCLAT") has reiterated that the extension...
    IndiaInsolvency/Bankruptcy/Re-Structuring
JSA Advocates & Solicitors
JSA Advocates & Solicitors
  • Article

    NCLAT Settles The Crucial Issue: Speedy Liquidation Versus Endless Resolution

    In a significant ruling in Kridhan Infrastructure Private Limited vs. Venkatesan Sankaranaryan & Another, NCLAT has held that timely liquidation is to be preferred over endless resolution.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    AMC Law Firm
    AMC Law Firm
  • Article

    NCLAT: Termination Of A PPA During Subsistence Of Moratorium Is In Violation Of The IBC

    On 24 July 2020, the National Company Law Appellate Tribunal (NCLAT), in its decision in GRIDCO Limited v Surya Kanta Sathapathy and Others [C.A. (AT) (Insolvency) 1271 of 2019] ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Pendency Of Insolvency Petition Does Not Bar Appointment Of Arbitrator- India

    The Hon'ble Delhi High Court vide its order dated May 13, 2022, in Millennium Education Foundation Vs Educomp Infrastructure And School Management Limited, ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    Piercing The Corporate Veil In Real Estate Insolvency: Supreme Court Restores Resolution Plans And Curtails Gnida’s Penal Claims

    In a judgment of considerable significance for real estate insolvency law, the Supreme Court of India has, in Alpha Corp Development Private Limited v. Greater Noida Industrial Development Authority...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Pre-existing Dispute Or Mere Moonshine? Supreme Court Unravels The Section 9 Gateway Under The IBC

    The Supreme Court of India has, yet again, stepped in to arrest the creeping tendency of corporate debtors to stall Corporate Insolvency Resolution Process (CIRP) by raising spurious defences.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Pre-Packaged Insolvency

    The Government on April 4, 2021 notified the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2021 ("IBC Ordinance, 2021") amending the Insolvency and Bankruptcy Code, 2016 ("IBC")...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    LexCounsel
    LexCounsel
  • Article

    Reaffirmation Of Legal Position On Extinguishment Of Claims For Recovery Of Dues Post-CIRP By Calcutta High Court

    In a recent judgment in the matter of West Bengal Power Development Corporation Ltd v. Ujaas Energy Ltd, the Calcutta High Court reaffirmed the established legal position regarding the recovery of dues from a successful resolution applicant post-Corporate Insolvency Resolution Process.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Fox & Mandal
    Fox & Mandal
  • Article

    Restructuring & Insolvency Monthly Newsletter | January 2021

    In order to recalibrate the Minimum Public Shareholding (MPS) requirements for listed companies which are presently going under Corporate Insolvency Resolution Process (CIRP)...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    HSA Advocates
    HSA Advocates
  • Article

    Rewriting The Rules – How India's Insolvency Reforms Are Creating New Investment Routes

    The continuing economic liberalisation of India – begun in the 1990s – has seen it become the world's fastest growing major economy.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    SC Directs Sending Back A Resolution Plan To The CoC For Resubmission After Satisfying Parameters Set Out Under IBC

    The Supreme Court on February 12, 2024 in ‘Greater Noida Industrial Development Authority v. Prabhjit Singh Soni' reported in 2024 SCC Online SC 122 sent back a resolution plan to the committee of creditors ("COC") for resubmission.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Argus Partners
    Argus Partners
  • Article

    Settlement Plan Or Resolution Plan – The Wisdom Of The Committee Of Creditors Is Paramount

    The Supreme Court of India (SC) by way of a judgment in Vallal RCK v. Siva Industries and Holdings Limited & Ors, Civil Appeal Nos. 1811-1812 of 2022 dated 03 June 2022 reaffirmed the...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Stage Set For Hybrid Resolutions And Faster Realization Of Assets Under Insolvency And Bankruptcy Code

    The Insolvency and Bankruptcy Code, 2016 (IBC Code) was implemented against the backdrop of challenges faced by the Banking Sector on account of increasing Non-Performance Assets (NPAs).
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Economic Laws Practice
    Economic Laws Practice
  • Article

    Supreme Court Affirms Society's Right To Replace- Defaulting Developer In Insolvency Context

    The Supreme Court's ruling in A A Estates Pvt. Ltd. v. Kher Nagar Sukhsadan CHS Ltd. is a crucial judgment on how redevelopment disputes interact with insolvency law.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Supreme Court Reads In Additional Mandatory Requirements For The CoC In Home-buyer Insolvencies

    On January 15, 2026, the Supreme Court of India, in Elegna Co-Op. Housing and Commercial Society Ltd. v. Edelweiss Asset Reconstruction Company Limited...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Acuity Law
    Acuity Law
  • Article

    Supreme Court Upholds IBC Framework: Sets Aside Karnataka High Court's Intervention In Personal Insolvency Proceedings

    NCLT under Section 95(1) of the IBC by the appellant, a financial creditor, seeking to commence insolvency proceedings against the guarantor, a personal guarantor...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Maheshwari & Co. Advocates & Legal Consultants
    Maheshwari & Co. Advocates & Legal Consultants
  • Article

    Survival Of Personal Guarantors’ Liability Post-Corporate Resolution Plan: An Analysis Of The NCLAT Ruling In Amit Bhatnagar v. UCO Bank

    The National Company Law Appellate Tribunal examines whether personal guarantors remain liable for corporate debt after a resolution plan is approved for the corporate guarantor, and whether such claims are barred by limitation.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    The Judgment Of The Supreme Court In Rajendra Bhuta Vs. MHADA Is Critical For Real Estate Companies Undergoing Insolvency.

    The Supreme Court has, in the judgment of Rajendra K. Bhuta vs. MHADA [AIR 2020 SC 3274] caused to clear the anomaly regarding a major question of law that will have far reaching effects on present and ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Dhaval Vussonji & Associates
    Dhaval Vussonji & Associates
  • Article

    The NCLAT Rules That The Adjudicating Authority Has No Jurisdiction To Decide The Legality And Propriety Of A Foreign Decree

    The NCLAT, vide its judgment in Usha Holdings LL.C. & Anr v Francorp Advisors Pvt Ltd (Company Appeal (AT) (Insolvency) No. 44 of 2018) dated 30 November 2018, held that the NCLT cannot determine ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Khaitan & Co.
    Khaitan & Co.
  • Showing 421–440 of 2111 results

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