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  • Article

    Guarantor's Conundrum

    The Supreme Court recently found itself in possession of the paintbrush that for centuries has been used to paint a series of tales depicting
    IndiaCorporate/Commercial Law
    Dhir & Dhir Associates
    Dhir & Dhir Associates
  • Article

    Important Orders Of NCLAT Under IBC

    Some of the important orders of NCLAT are as below
    IndiaCorporate/Commercial Law
    AMLEGALS
    AMLEGALS
  • Article

    Limited Judicial Review By NCLT And NCLAT During Liquidation Proceedings: Supreme Court

A 3-Judge Bench of the Supreme Court (SC) in its judgment dated 26 August 2022, in M/s R.K. Industries (Unit-II) LLP v. M/s H.R. Commercials Private Limited & Anr., Civil Appeal Nos. 7722/2021...
IndiaCorporate/Commercial Law
Khaitan & Co.
Khaitan & Co.
  • Article

    National Company Law Tribunal (NCLT) replaces Company Law Board (CLB) From June 2016

    The constitution of the aforesaid Tribunals is in exercise of the powers conferred by Sections 408 and 410 respectively of the new Companies Act, 2013.
    IndiaCorporate/Commercial Law
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    Suspended Board Of Directors Entitled To Copy Of The Resolution Plan

    Aggrieved by the aforesaid order, an appeal was filed before the Supreme Court.
    IndiaCorporate/Commercial Law
    VGC Law Firm
    VGC Law Firm
  • Article

    Whether IBC Empowers NCLT/NCLAT To Interfere In The Commercial Contracts Of The Corporate Debtor After Appointment Of IRP/RP?

    This article is based on the analysis of the case decided by the Hon'ble National Company Law Appellate Tribunal (NCLAT) in the matter of Tata Consultancy Services Limited v. Vishal Ghisulal Jain...
    IndiaCorporate/Commercial Law
    S&A Law Offices
    S&A Law Offices
  • Article

    Non Banking Financial Institutions Are Outside The Purview Of The Insolvency And Bankruptcy Code, 2016

    The National Company Law Appellate Tribunal, Delhi in its decision dated 10th July, 2019 in HDFC v. RHC Holding Private Limited [Company Appeal (AT)(Insolvency)No. 26 of 2019] while upholding the order of the ...
    IndiaFinance and Banking
    M Mulla Associates
    M Mulla Associates
  • Article

    Secured Creditors Are Amenable To RERA Jurisdiction

    A divisional bench of the Rajasthan High Court ("Rajasthan HC") recently in a writ petition1 clubbed over seventy different petitions that dealt with certain key issues involving:
    IndiaFinance and Banking
    CMS INDUSLAW
    CMS INDUSLAW
  • Article

    Easier To Mind Your Business Now

    The World Bank's annual ranking for ease of doing business brought a joy to the Indian Government when India was recognized to be amongst the top 100 countries.
    IndiaGovernment, Public Sector
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    Orders Under Insolvency And Bankruptcy Code, 2016 WRT Corporate Persons

    The Adjudicating Authority has the discretion to provide several opportunities for settlement of the debt
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S&A Law Offices
    S&A Law Offices
  • Article

    A Valid Resolution Plan - The Ideal Mix

    Undoubtedly, there is a fresh air and breather amidst the country's NPA clouds as the insolvency and bankruptcy menaces now look upto their new demigod – The IBC 2016 Code.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Dhir & Dhir Associates
    Dhir & Dhir Associates
  • Article

    Act By June 30: IBBI Invites Public Comments To Reshape Insolvency Regulations

    In a move aimed at enhancing the regulatory framework under the Insolvency and Bankruptcy Code (IBC), the Insolvency and Bankruptcy Board of India (IBBI) has issued a public invitation for suggestions...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Analysis Of The Insolvency Resolution Of The First Financial Service Provider Company Under Insolvency And Bankruptcy Code 2016

    The National Company Law Tribunal, Mumbai Bench (Hon'ble NCLT) in application filed by Mr. R. Subramaniakumar, Administrator of Dewan Housing Finance Corporation Limited (Administrator) against the Committee of Creditors, ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Birbal's Update - September 2019

    The NCLAT has observed that it is the duty of the Interim Resolution Professional to take control and custody of all the assets that the Corporate Debtor has ownership right even if it is situated outside India.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Hammurabi & Solomon Partners
    Hammurabi & Solomon Partners
  • Article

    Certainty On Filing And Claims Against Corporate Guarantors Under The Insolvency Code

    In Indian finance market, guarantee or comfort from promoters is a crucial factor for creditors in lending transactions - primarily because promoters of Indian companies have significant say in all decision making and ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    ZBA
    ZBA
  • Article

    Claim Towards License Fees For Immovable Property Is An ‘Operational Debt': NCLAT Full Bench

    On 05 July 2022, a Full Bench of the National Company Law Appellate Tribunal (NCLAT) in Jaipur Trade Expocentre Private Limited v. M/s Metro Jet Airways Training Private Limited, Company Appeal (AT) (Insolvency) No. 423 of 2021.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Claims Under Non-Invoked Corporate Guarantee Has To Be Admitted Under I&B Code

    In a landmark judgment, National Company Law Appellate Tribunal settled law under Insolvency and Bankruptcy Code 2016 in respect of claims arising out of counter corporate guarantee and non-invoked guarantee.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Clock-Out Forever: How NCLT Told Ex-Workers That Missing The CIRP Deadline Means Missing The Money

    The corporate insolvency landscaped a significant judicial pronouncement when the National Company Law Tribunal (NCLT) Mumbai adjudicated several interim applications concerning...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Crystallised Liabilities And The IBC Moratorium: NCLT Bengaluru Bars EPFO Claims For Section 7Q Interest And Section 14B Damages Accrued During Insolvency

    The interplay between social welfare statutes and insolvency legislation continues to generate significant judicial discourse in India.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Demarcating Jurisdictional Boundaries: The NCLAT On The Interplay Between The IBC And Statutory Town Planning Authorities

    The National Company Law Appellate Tribunal recently addressed a critical jurisdictional question: can insolvency tribunals review or set aside orders passed by statutory development authorities under town planning legislation?
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Showing 601–620 of 2111 results

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