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  • Article

    Legal Update – The Insolvency & Bankruptcy Code (Amendment) Act, 2026: Key Changes And Practical Insights

    The IBC (Amendment) Act, 2026 represents one of the most significant overhauls to India's insolvency framework since its inception, introducing sweeping changes across multiple dimensions. From mandatory admission of default applications to new frameworks for creditor-initiated processes, group insolvency, and cross-border cases, these reforms fundamentally reshape the insolvency ecosystem.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    DSK Legal
    DSK Legal
  • Article

    NCLAT Approves Cooperation Between Dutch Insolvency Trustee And Resolution Professional Under The IBC

    NCLAT has for the first time considered the issue of parallel insolvency proceedings against the same entity across multiple jurisdictions, in its decision dated September 26, 2019 (‘Order')
    IndiaInsolvency/Bankruptcy/Re-Structuring
AZB & Partners
AZB & Partners
  • Article

    NCLAT Held That Set-Off Under The IBBI (Liquidation Process) Regulations, 2016 Cannot Be Extended To Separate Group Entities Undergoing Independent Insolvency

    The NCLAT held that the corporate debtor is a separate juristic person and is distinct from other group entities of its group company and each group company has undergone separate corporate insolvency resolution process and later on liquidation proceedings.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Sagus Legal
    Sagus Legal
  • Article

    NCLT Reserves Order On Aircastle Limited's Insolvency Petition Against Spicejet Amid Doubts Over Maintainability

    The National Company Law Tribunal ("NCLT") deferred its decision regarding Dublin-based aircraft lessor Aircastle Limited's insolvency petition against budget...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Pioneer Legal
    Pioneer Legal
  • Article

    Properties Attached As ‘Proceeds Of Crime' Under PMLA Cannot Be Part Of A Resolution Plan Under IBC

    The National Company Law Appellate Tribunal (‘NCLAT') has on July 2, 2019 held that the properties of a corporate debtor which are attached by the Director of Enforcement.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    AZB & Partners
    AZB & Partners
  • Article

    SC Affirms Limited Judicial Review: Upholding Committee Of Creditor's Commercial Wisdom In Insolvency Resolutions

    The SC in Piramal Capital and Housing Finance Limited (Formerly Known As Dewan Housing Finance Corporation Limited) v. 63 Moons Technologies Limited & Ors.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    AZB & Partners
    AZB & Partners
  • Article

    SC Holds That Section 7(5)(A) Of IBC Confers Discretionary Power On NCLT To Admit Application Of Financial Creditor Seeking Initiation Of CIRP Of Corporate Debtor

    The SC in the case of Vidarbha Industries Power Ltd. v. Axis Bank Ltd., held that the use of the word "may" in Section 7(5)(a) of the Insolvency and Bankruptcy Code (‘IBC')...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    AZB & Partners
    AZB & Partners
  • Article

    SC Holds That Amounts Paid Towards Preference Shares Are Not Loans And Do Not Qualify As Debt Under IBC

    The SC, in EPC Constructions India Ltd. v. Matix Fertilizers & Chemicals Ltd., has, inter alia, held that preference shares are part of a company's share capital and therefore, the amounts paid towards preference...
    IndiaLitigation, Mediation & Arbitration
    AZB & Partners
    AZB & Partners
  • Article

    SC Holds That Contracts Terminated Prior To Insolvency Do Not Constitute 'Assets' Or 'Property' That Attract Protection Of Moratorium Under IBC

    The SC, in A A Estates Private Limited v. Kher Nagar Sukhsadan Co-Operative Housing Society Ltd., held that the protection of moratorium under Section 14 of the Insolvency and Bankruptcy Code...
    IndiaLitigation, Mediation & Arbitration
    AZB & Partners
    AZB & Partners
  • Article

    APTEL Refuses To Condone Delay Of 421 Days In Filing Restoration Of Appeal Post CIRP

    The Appellate Tribunal for Electricity (“APTEL”), vide Order dated 05.05.2026 in the matter of Global Energy Private Limited v. Maharashtra Electricity Regulatory Commission, dismissed the applications filed by Global Energy Private Limited (“GEPL”) seeking condonation of delay and restoration of the appeal, which had earlier been dismissed for non-prosecution.
    IndiaEnergy and Natural Resources
    Sagus Legal
    Sagus Legal
  • Article

    IBBI Notifies The IBBI (Inspection And Investigation) (Amendment) Regulations, 2026

    The IBBI, through notification dated 01.06.2026 has released the IBBI (Inspection and Investigation) (Amendment) Regulations, 2026 (“Inspection Amendment Regulations”) to amend the IBBI (Inspection and Investigation) Regulations, 2017 (“Inspection Principal Regulations”), in order to give effect to the changes brought about by the Amendment Act.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Sagus Legal
    Sagus Legal
  • Article

    The Insolvency And Bankruptcy Board Of India (IBBI) Notifies The IBBI (Information Utilities) (Amendment) Regulations, 2017

    The Insolvency and Bankruptcy Board of India ("IBBI") had notified the IBBI (Information Utilities) Regulations, 2017 on March 31, 2017.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Clyde & Co
    Clyde & Co
  • Article

    Note Of Caution To The NCLT And NCLAT Regarding Interference With A Party's Contractual Right To Terminate A Contract

    The Hon'ble Supreme Court of India ("SC") has held that National Company Law Tribunal ("NCLT") cannot exercise its residuary jurisdiction under Section 60(5)(c) of the Insolvency and...
    IndiaCorporate/Commercial Law
    Juris Corp
    Juris Corp
  • Article

    Supreme Court Allowed Parties To File Consent Terms After The Admission Of Company Petition By National Company Law Tribunal

    In a recent judgment of the Hon'ble Supreme Court dated 24th July, 2017, consent terms between a corporate debtor and a financial creditor have been taken on record subsequent to the admission...
    IndiaCorporate/Commercial Law
    Clyde & Co
    Clyde & Co
  • Article

    Circulars Issued

    IBBI issued a circular on 17 October, 2018 directing that with effect from 1 February, 2019, no Insolvency Professional shall appoint a person other than a Registered Valuer to conduct any valuation under the Code or any of the regulations made thereunder.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S&A Law Offices
    S&A Law Offices
  • Article

    Correction Without Penalty, But Only Until 31 December: IBBI's Hybrid Regime For CIRP Compliance

    The Insolvency and Bankruptcy Board of India ("Board") had, vide Circular No. IBBI/CIRP/85/2025 dated 26 May 2025, replaced the entire suite of Corporate Insolvency Resolution Process ("CIRP") forms...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Govt. Tells Bankers To Check NPA Frauds Or Be Held Guilty

    The Indian banking sector is being faced by the challenges posed by the non-performing assets which are the loans or advances for which the payment remains outstanding.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    IBBI Introduce Crucial Changes To Smooth Corporate Insolvency Resolution Process

    IBBI amended IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 (CIRP Regulations) on 14 June 2022 (Second Amendment) to ease the corporate insolvency...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    ZBA
    ZBA
  • Article

    IBBI Notifies Insolvency Resolution Process For Corporate Persons (Sixth Amendment) Regulations, 2025

    The Insolvency and Bankruptcy Board of India ("IBBI") vide notification dated 14.10.2025 has notified the IBBI (Insolvency Resolution Process for Corporate Persons) (Sixth Amendment) Regulations, 2025.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Sagus Legal
    Sagus Legal
  • Article

    IBC And Sarfaesi Once Again In Conflict

    The conflict between the Insolvency and Bankruptcy Code (IBC) and the Sarfaesi Act has once again come to the fore as the RBI rejected a resolution plan submitted by UV Asset Reconstruction (UVARCL) to acquire Aircel's assets.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    The Law Point
    The Law Point
  • Showing 61–80 of 2111 results

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