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  • Article

    Moratorium In Insolvency And Bankruptcy Code: A Dilemma

    The Insolvency and Bankruptcy Code (Code) still remains the crucial legislation wherein the industry as well as the law fraternity is still anticipating clarifications on the numerous issues.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Maheshwari & Co. Advocates & Legal Consultants
    Maheshwari & Co. Advocates & Legal Consultants
  • Article

    National Company Law Tribunal, Hyderabad (Upholding The Interests Of Creditors) Permits Distribution Of Surplus Funds Generated By The Corporate Debtor During Its Ongoing Corporate Insolvency Resolution Process, To Its Creditors

    On August 5, 2024, the National Company Law Tribunal ("NCLT"), Hyderabad Bench in the corporate insolvency resolution process ("CIRP")...
    India
Insolvency/Bankruptcy/Re-Structuring
JSA Advocates & Solicitors
JSA Advocates & Solicitors
  • Article

    NCLT Kochi On Section 66 IBC: Accountability For Fraudulent Trading In Thesaurus Projects Pvt. Ltd.

    This article examines the judgment of the National Company Law Tribunal, Kochi Bench, in IA(IBC)/303/KOB/2024 in CP(IBC)/57/KOB/2022, arising in the matter of M/s. Thesaurus Projects Private Limited.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    NeSL And The Role Of Information Utilities In Credit Monitoring

    National E-Governance Services Limited (NeSL) is India's first Information Utility and is registered with the Insolvency and Bankruptcy Board of India (IBBI) under the aegis of the Insolvency and Bankruptcy Code, 2016 (IBC). The company has been set up by leading banks and public institutions
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Penny For A Thought? The IBC Perspective Of Personal Guarantor Insolvency

    This means lenders can drag these guarantors to the tribunals alongside their companies if the companies are incapable of paying their debts.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    King, Stubb & Kasiva
    King, Stubb & Kasiva
  • Article

    Pre-Packaged Insolvency For MSMES

    On April 4th, 2021, the Insolvency and Bankruptcy Board of India ("IBBI") notified the Insolvency and Bankruptcy Code (Amendment) Ordinance...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Obhan Mason
    Obhan Mason
  • Article

    Proposed Amendments To IBC

    Ministry of Corporate Affairs proposes changes to the Insolvency and Bankruptcy Code for time bound resolution of stressed assets.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Acuity Law
    Acuity Law
  • Article

    Recent Decision Of Supreme Court Of India On Exclusion Of Time-Period In Corporate Insolvency Resolution Process In State Bank Of India v. M/s. Manibhadra Polycot & Ors.

    On August 9, 2019, in State Bank of India v. M/s. Manibhadra Polycot & Ors., Civil Appeal Nos. 4656-4657 of 2019, the Supreme Court has set aside an order passed by the National Company Law Appellate Tribunal ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    VGC Law Firm
    VGC Law Firm
  • Article

    Restructuring & Insolvency Monthly Update | August 2024

    The Insolvency Professionals to act as Interim Resolution Professionals, Liquidators, Resolution Professionals and Bankruptcy Trustees...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    HSA Advocates
    HSA Advocates
  • Article

    Scope Of Moratorium Prohibiting The Initiation And Continuation Of All Legal Proceedings Under Section 14, Of The Insolvency & Bankruptcy Code, 2016 – An Analysis.

    The prohibition contained in section 14 of the Insolvency and Bankruptcy Code 2016, ("the Act") against the initiation and continuation of legal proceedings...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    M Mulla Associates
    M Mulla Associates
  • Article

    Scope Of NCLT & NCLAT's Powers Under Section 7 Of IBC, 2016

    The NCLT was established under Section 408 of the Companies Act, 2013 18 of 2013 w.e.f 01st June 2016 to exercise and discharge all duties and functions conferred on it by or under this Act...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Khurana & Khurana, Advocates and IP Attorneys
    Khurana & Khurana, Advocates and IP Attorneys
  • Article

    Supreme Court Of India Ruling In M/s. Embassy Property Developments Pvt. Ltd. Vis-à-Vis Insolvency And Bankruptcy Code (Amendment) Ordinance, 2019

    On the second issue, the Supreme Court held that NCLT and NCLAT have the jurisdiction to enquire into questions of fraud in light of Sections 65 and 69 of IBC.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    AJA Legal
    AJA Legal
  • Article

    Supreme Court Rules Against "Automatic" Condonation Of Delay In Negotiable Instruments Act Case

    The Supreme Court of India, in a recent judgment, highlights the strict application of limitation provisions in cheque dishonour cases under the Negotiable Instruments Act...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    The Essar Steel Saga: Supreme Court Brings Much Needed Clarity To IBC

    On 15 November 2019, a three judge bench of the Supreme Court delivered its judgment in the much-anticipated matter of Committee of Creditors of Essar Steel India Limited v. Satish Kumar Gupta and Ors., Civil Appeal No. 8766-67 of 2019.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Khaitan & Co.
    Khaitan & Co.
  • Article

    The Evolution Of The Committee Of Creditors Power Without Accountability

    The Insolvency and Bankruptcy Code, 2016 (“IBC”) was introduced as a path-breaking legislation to provide a time-bound and creditor-driven process for the resolution of corporate insolvency in India.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    MZM Legal, Advocates & Legal Consultants
    MZM Legal, Advocates & Legal Consultants
  • Article

    The Limits To A Moratorium: Interplay Between The Indian Insolvency And Bankruptcy Code And Defensive Proceedings

    Section 14 of the Indian Insolvency and Bankruptcy Code, 2016 (‘IBC') imposes a moratorium on the initiation and continuation of legal proceedings against a corporate debtor during...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    AZB & Partners
    AZB & Partners
  • Article

    Whether Proceedings Under Section 138 Of The Negotiable Instrument Act, 1881 Against The Signatory / Promoter /director Of The Corporate Debtor Will Extinguish After Approval Of The Resolution Plan Under The Insolvency And Bankruptcy Code, 2016

    Ajay Kumar Radheysham Goenka ("Appellant") filed an Appeal before the Hon'ble Supreme Court of India ("Supreme Court") challenging the order dated November 01, 2019 passed by the Metropolitan Magistrate...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Clasis Law
    Clasis Law
  • Article

    Withdrawal Of Application Under The Insolvency And Bankruptcy Code, 2016

    Thus, the Supreme Court did not explicitly strike down Regulation 30A, but construed it be directory in terms of the facts of each case.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    VGC Law Firm
    VGC Law Firm
  • Article

    Bombay High Court Upholds Arbitrator Appointed Under Section 84 Of The MSCS Act, Says Section 21 Notice Not Required

    The Bombay High Court has dismissed two writ petitions challenging the appointment of an arbitrator by the Central Registrar of Co-operative Societies under Section 84 of the Multi State Co-operative Societies Act, 2002 (MSCS Act). The Division Bench held that absence of a notice invoking arbitration under Section 21 of the Arbitration and Conciliation Act, 1996 does not stop arbitration under Section 84, that the interim moratorium under Section 96 of the Insolvency and Bankruptcy Code, 2016 (IBC) was of no help to the petitioners, and that appointment of one arbitrator for multiple disputes of the bank does not disqualify him.
    IndiaLitigation, Mediation & Arbitration
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    IBC Primacy Reaffirmed – Yet Again

    The RP collated and verified the claims filed by the creditors of Binani, including, inter-alia, by Central Goods and Service Tax Department, Govt. of India to the extent of INR 72.85 Crores.
    IndiaLitigation, Mediation & Arbitration
    Khaitan & Co.
    Khaitan & Co.
  • Showing 561–580 of 2111 results

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