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  • Article

    Unpaid Installment Under Settlement Agreement Cannot Trigger Insolvency

    The petition has been filed under Section 9 of the IBC by Ahluwalia Contracts (India) Ltd. ('OC') for initiating the Corporate Insolvency Resolution Process against Logix Infratech Pvt. Ltd. ('CD').
    IndiaInsolvency/Bankruptcy/Re-Structuring
    LexCounsel
    LexCounsel
  • Article

    Withdrawal Of The Resolution Process: Taking A Step Back

    The law of insolvency and bankruptcy is in its evolving phase, learning from the past slipups and longing for its improvement for the future.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S&A Law Offices
    S&A Law Offices
  • Article

    Arbitral Tribunal Alone Decides Who May Invoke Arbitration, Supreme Court Reiterates

    The Supreme Court has dismissed two connected civil appeals arising out of orders dated 17 February 2023 passed by the High Court for the State of Telangana at Hyderabad under Section 11(6) of the Arbitration and Conciliation Act, 1996.
    IndiaLitigation, Mediation & Arbitration
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Moratorium Applicable On Proceeding U/S 34 Of The Arbitration & Conciliation Act, 1996

    In the recent judgment delivered by the Hon'ble Delhi High Court in the case of Power Grid Corporation of India Ltd. v. Jyoti Structures Ltd.
    IndiaLitigation, Mediation & Arbitration
    S&A Law Offices
    S&A Law Offices
  • Article

    No Reference Of Disputes Before Arbitral Tribunal After Approval Of Resolution Plan

    The Delhi High Court vide its decision in Indian Oil Corporation Ltd v. Arcelor Mittal Nippon Steel India Ltd , has placed another addition to the series of precedents...
    IndiaLitigation, Mediation & Arbitration
    Saga Legal
    Saga Legal
  • Article

    The Supreme Court Blackballed Ex-related Parties From The Committee Of Creditors

    The Supreme Court, recently, in the case of Phoenix Arc Private Limited v. Spade Financial Services Limited 1, held that the intent of Sec. 21 of the Insolvency and Bankruptcy Code...
    IndiaLitigation, Mediation & Arbitration
    Obhan Mason
    Obhan Mason
  • Article

    IBBI: Discussion Paper On Real-Estate Related Proposals - CIRP & Liquidation

    On November 1, 2023, the Insolvency and Bankruptcy Board of India has published a discussion paper on amendments proposed to the IBBI Regulations, 2016.
    IndiaReal Estate and Construction
    Argus Partners
    Argus Partners
  • Article

    Rera, Lender's Perspective- Obstacles and Mitigation

    The real estate sector is headed for a full blown sub-prime crisis. Unfortunately, the woes do not end here.
    IndiaReal Estate and Construction
    Kochhar & Co.
    Kochhar & Co.
  • Article

    India Steps Into A New Era For Corporate Rescue And Insolvency

    On November 25 2016, the provisions of the Sick Industrial Companies (Special Provisions) Repeal Act, 2003 (SICA Repealing Act) were notified with effect from 1 December 2016.
    IndiaCorporate/Commercial Law
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Jet Airways: An Insolvency Resolution Journey

    Jet Airways, which started off as an air taxi operator in 1993 and became a scheduled carrier in 1995, has been under insolvency for two years after it shut operations in April 2019 under a heavy debt.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Khurana & Khurana, Advocates and IP Attorneys
    Khurana & Khurana, Advocates and IP Attorneys
  • Article

    SC Upholds Constitutional Validity Of IBC; Says Operational Creditors Not Being Discriminated Against Under Article 14

    The Supreme Court has upheld the constitutional validity of the Insolvency and Bankruptcy Code after hearing a batch of petitions filed by some 40 companies alleging discrimination against operational creditors under the Code.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    India Law Alliance
    India Law Alliance
  • Article

    Supreme Court Clarifies: Recovery Application By Banks Stayed Against Sick Company

    The Supreme Court held that the provisions of the Sick Industrial Companies Act, 1985 shall prevail over the provision for the recovery of debts in the Recovery of Debts Due to Banks and Financial Institutions Act, 1993.
    IndiaLitigation, Mediation & Arbitration
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Title Disputes And The Narrow Remit Of Section 17: The DRT Ernakulam On Third-Party Challenges To Securitization

    Recovery statutes and general civil jurisdiction continues to generate significant judicial debate, particularly in the context of the Securitisation and Reconstruction of Financial Assets...
    IndiaLitigation, Mediation & Arbitration
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Remedies Available To Homebuyers Under RERA And Consumer Protection Act

    Recently, Punjab and Haryana High Court in its judgment dated October 16, 2020 (CWP No. 38144 of 2018) ruled that, homebuyers have the right and under liberty to undertake remedies, both available under RERA and ...
    IndiaConsumer Protection
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    IBC Amendments And Its Impact In The Wake Of Covid-19

    The pandemic COVID-19 virus has forced the governments all over the world to bring in measures to combat the threat in order to avoid the increase in the blowout of the COVID-19 cases worldwide.
    IndiaCoronavirus (COVID-19)
    Rajani Associates
    Rajani Associates
  • Article

    Non-Payment Of A Part Of The Debt When It Becomes Due And Payable Will Amount To Default On The Part Of The Corporate Debtor And Will Attract An Order U/S 7 Of IBC

    The Supreme Court of India on May 11, 2023, in the case of, M. Suresh Kumar Reddy v. Canara Bank, [Civil Appeal No. 7121 of 2022], held that the non-payment of a part of the debt when it becomes due and payable...
    IndiaCorporate/Commercial Law
    Argus Partners
    Argus Partners
  • Article

    SEBI Eases Norms To Aid Restructuring Of Stressed Companies And Private Equity Exits

    On 21 June, the Securities and Exchange Board of India ("SEBI") inter-alia, approved proposals to:
    IndiaCorporate/Commercial Law
    Luthra and Luthra Law Offices India
    Luthra and Luthra Law Offices India
  • Article

    The Moratorium And Termination Of Agreements

    On 23 November 2021, the Supreme Court of India, in the case of TATA Consultancy Services Ltd. v. Vishal Ghisulal Jain, Resolution Professional, SK Wheels Pvt. Ltd. (TCS Case)...
    IndiaCorporate/Commercial Law
    Acuity Law
    Acuity Law
  • Article

    Indian Court Protects Employees’ Payments During Liquidation Proceedings

    The Supreme Court of India has held that in the event of liquidation of a company, claims of employees have to be considered by the Official Liquidator of the company and not by the Debt Recovery Tribunal.
    IndiaEmployment and HR
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    NCLAT: Sale Consideration Not A Financial Debt Under IBC

    On September 9, 2024, the National Company Law Appellate Tribunal, Principal Bench, New Delhi ("NCLAT") in the case of, Sandeep Mittal v. M/s ASREC (India) Limited...
    IndiaFinance and Banking
    Argus Partners
    Argus Partners
  • Showing 441–460 of 2111 results

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