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  • Article

    Supreme Court Excludes Bar Of Limitation As A Preliminary Issue Under Section 9A Of The CPC

    In an important ruling last year , the Supreme Court of India ("Supreme Court") held that a question of limitation cannot be decided as a preliminary issue under Section 9A of the Code of Civil Procedure, 1908.
    IndiaLitigation, Mediation & Arbitration
    Phoenix Legal
    Phoenix Legal
  • Article

    Airwaves Not Assets - Supreme Court Puts Spectrum Beyond Lender's Reach In Proceedings Under IBC

    In State Bank of India v Union of India & Ors., 2026 INSC 153 the Hon'ble Supreme Court examined the treatment of spectrum and telecom licenses in corporate insolvency resolution proceedings of telecom companies under the Insolvency and Bankruptcy Code, 2016 …
    IndiaMedia, Telecoms, IT, Entertainment
Khaitan & Co.
Khaitan & Co.
  • Article

    Legal Measures Available For Homebuyers

    Homebuyers can take legal recourse and seek relief by approaching the appropriate forum under the Consumer Protection Act, 1986 (CPA), Real Estate (Regulation and Development) Act
    IndiaReal Estate and Construction
    Rajani Associates
    Rajani Associates
  • Article

    Big Relief To Aircraft Lessors From Moratorium

    On October 3, 2023, the Ministry of Corporate Affairs (MCA) issued a notification under Section 14(3) of the Insolvency and Bankruptcy Code (IBC), exempting the applicability of the moratorium to transactions...
    IndiaTransport
    Dentons
    Dentons
  • Article

    Is India Poised To Become A Global Manufacturing Hub?

    COVID-19 pandemic has been accompanied by not just business disruption of monstrous proportions all across the globe, but a whole lot of political turmoil as well.
    IndiaCoronavirus (COVID-19)
    Dentons
    Dentons
  • Article

    The NCLAT Sheds Light On Entitlement Of Operational Creditors

    Recently, the National Company Law Appellate Tribunal ("NCLAT"), in the case of Dharmindra Constructions Private Limited and Anr. vs. Rajendra Kumar Jain Resolution Professional...
    IndiaCorporate/Commercial Law
    Obhan Mason
    Obhan Mason
  • Article

    Financial Resolution And Deposit Insurance Bill 2017: Resolution Framework For The Financial Sector Entities

    The Union Cabinet, in its meeting held in the month of June 2017, has approved19 the Financial Resolution and Deposit Insurance Bill, 2017...
    IndiaFinance and Banking
    S&A Law Offices
    S&A Law Offices
  • Article

    NBFCs And Other Financial Service Providers Now Under IBC

    Under the Insolvency and Bankruptcy Code, 2016, the corporate insolvency resolution process contained in Part II applies to corporate debtors.
    IndiaFinance and Banking
    Mansukhlal Hiralal & Company
    Mansukhlal Hiralal & Company
  • Article

    Applicability Of Limitation Act To Proceedings Under The Insolvency And Bankruptcy Code, 2016

    The much debated I&B Code, 2016 was enacted by the Government to correct the mounting burden of debts on business and corporate houses and to improve the NPA status of banks.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S&A Law Offices
    S&A Law Offices
  • Article

    CoC Autonomy Over CIRP Costs: NCLT Bengaluru On Interim Finance And Member Contribution

    The National Company Law Tribunal, Bengaluru Bench, has reaffirmed that the Committee of Creditors holds autonomous authority over funding mechanisms for Corporate Insolvency Resolution Process expenses, even when the approved model remains unimplemented.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Finality Of Resolution Plans Under IBC

    In 2016, the Insolvency and Bankruptcy Code ("IBC") was enacted with the objective to bring the insolvency law in India under a single unified umbrella and to ensure speedy resolution of an entity ("Corporate Debtor")
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Obhan Mason
    Obhan Mason
  • Article

    Modifications To Insolvency Professionals Regulations

    As per the provisions of the IBC, an insolvency resolution professional appointed to conduct the corporate insolvency resolution process.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    NCLT Kolkata Dismisses GST Consultant’s Fee Claim: Reasonability And Proportionality As The Touchstone For CIRP Cost Recognition

    The determination of what constitutes legitimate “Insolvency Resolution Process Costs” under the Insolvency and Bankruptcy Code, 2016 remains a fertile ground for judicial scrutiny, particularly where informal...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Resolution Professional Not Entitled To Success Fee: NCLAT

    NCLAT in its recent judgment in Jayesh N. Sanghrajka erstwhile R.P. of Ariisto Developers Pvt. Ltd. v. Monitoring Agency nominated by Committee of Creditors of Ariisto Developers Pvt. Ltd. held that a resolution professional ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Phoenix Legal
    Phoenix Legal
  • Article

    SC Upholds Disqualification Under Section 29A Of The IBC; But Invokes Article 142 To Protect Interests Of Homebuyers

    Although discussions took place with four resolution applicants, no resolution plan was approved by the CoC within the mandated CIRP period of 270 days ending 12.05.2018.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Khaitan & Co.
    Khaitan & Co.
  • Article

    The Economics Of Morality: The 29A Conundrum

    Section 29A was introduced in the Insolvency and Bankruptcy Code 2016 (IBC) in 2017 to prevent certain kinds of persons, painted tainted under the law ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    When Two Become One: The Supreme Court On Group Insolvency In Real Estate

    In a significant ruling delivered on January 2, 2026, a two-judge bench of the Supreme Court of India comprising Justice Sanjay Kumar and Justice K. Vinod Chandran authoritatively...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    IBBI Gives Fillip To Expeditious Completion Of Voluntary Liquidation Of Corporate Persons

    In addition to providing for a mechanism for resolution of stressed assets, the Insolvency and Bankruptcy Code, 2016 (IBC) also provides for a framework whereby a corporate person...
    IndiaCorporate/Commercial Law
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Can A Decree Holder Approach The National Company Law Tribunal For Execution Of A Decree? A Discussion In Light Of The Recent Judgement By Nclat

    In the last few years, it has been noticed that the homebuyers struggle to get their decree executed as the orders of the Real Estate Regulatory Authority ("RERA") have not been executed.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S&A Law Offices
    S&A Law Offices
  • Article

    CIRP Regulations (IBC): 7th Amendment - Disclosure Of Beneficial Ownership And 32A Eligibility

    Insolvency and Bankruptcy Board of India (IBBI) on 22nd December 2025, amended the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations (CIRP Regulations) to introduce sub-regulation 3A...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Khaitan & Co.
    Khaitan & Co.
  • Showing 521–540 of 2111 results

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