ArticleGuarantor's ConundrumThe Supreme Court recently found itself in possession of the paintbrush that for centuries has been used to paint a series of tales depictingIndiaCorporate/Commercial LawDhir & Dhir Associates
ArticleImportant Orders Of NCLAT Under IBCSome of the important orders of NCLAT are as belowIndiaCorporate/Commercial LawAMLEGALS
ArticleNational Company Law Tribunal (NCLT) replaces Company Law Board (CLB) From June 2016The 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 LawS.S. Rana & Co.
ArticleSuspended Board Of Directors Entitled To Copy Of The Resolution PlanAggrieved by the aforesaid order, an appeal was filed before the Supreme Court. IndiaCorporate/Commercial LawVGC Law Firm
ArticleWhether 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 LawS&A Law Offices
ArticleNon Banking Financial Institutions Are Outside The Purview Of The Insolvency And Bankruptcy Code, 2016The 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 BankingM Mulla Associates
ArticleSecured Creditors Are Amenable To RERA JurisdictionA 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 BankingCMS INDUSLAW
ArticleEasier To Mind Your Business NowThe 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 SectorS.S. Rana & Co.
ArticleOrders Under Insolvency And Bankruptcy Code, 2016 WRT Corporate PersonsThe Adjudicating Authority has the discretion to provide several opportunities for settlement of the debtIndiaInsolvency/Bankruptcy/Re-StructuringS&A Law Offices
ArticleA Valid Resolution Plan - The Ideal MixUndoubtedly, 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-StructuringDhir & Dhir Associates
ArticleAct By June 30: IBBI Invites Public Comments To Reshape Insolvency RegulationsIn 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-StructuringIndiaLaw LLP
ArticleAnalysis Of The Insolvency Resolution Of The First Financial Service Provider Company Under Insolvency And Bankruptcy Code 2016The 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-StructuringKhaitan & Co.
ArticleBirbal's Update - September 2019The 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-StructuringHammurabi & Solomon Partners
ArticleCertainty On Filing And Claims Against Corporate Guarantors Under The Insolvency CodeIn 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-StructuringZBA
ArticleClaim Towards License Fees For Immovable Property Is An ‘Operational Debt': NCLAT Full BenchOn 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-StructuringKhaitan & Co.
ArticleClaims Under Non-Invoked Corporate Guarantee Has To Be Admitted Under I&B CodeIn 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-StructuringIndiaLaw LLP
ArticleClock-Out Forever: How NCLT Told Ex-Workers That Missing The CIRP Deadline Means Missing The MoneyThe corporate insolvency landscaped a significant judicial pronouncement when the National Company Law Tribunal (NCLT) Mumbai adjudicated several interim applications concerning...IndiaInsolvency/Bankruptcy/Re-StructuringIndiaLaw LLP
ArticleCrystallised Liabilities And The IBC Moratorium: NCLT Bengaluru Bars EPFO Claims For Section 7Q Interest And Section 14B Damages Accrued During InsolvencyThe interplay between social welfare statutes and insolvency legislation continues to generate significant judicial discourse in India.IndiaInsolvency/Bankruptcy/Re-StructuringIndiaLaw LLP
ArticleDemarcating Jurisdictional Boundaries: The NCLAT On The Interplay Between The IBC And Statutory Town Planning AuthoritiesThe 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-StructuringIndiaLaw LLP