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  • Article

    Supreme Court Reinforces Timelines Under RDB Act

    The Supreme Court has recently in its judgment dated 21 January 2020, in the case of Standard Chartered Bank v MSTC Limited [SLP (C) No 20093 of 2019], provided clarity on the interplay between the ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Supreme Court Suggests Amendment To The Insolvency And Bankruptcy Code

    Insolvency and Bankruptcy Code, 2016, (hereinafter referred to as "IBC") has been introduced by the Government of India in 2016, as an Act to consolidate and amend the laws relating to reorganization...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S.S. Rana & Co.
S.S. Rana & Co.
  • Article

    Telangana High Court: Can A Single Lender Settle The Dues Under RBI Framework After The CoC Approves The Resolution Plan

    The Telangana High Court recently while dismissing a writ petition, in case of Mandava Holdings Private Limited vs Ptc India Financial Services Limited...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Argus Partners
    Argus Partners
  • Article

    The Growing Consciousness Of The Indian Judiciary - IBC vs. Slum Act

    A Single Bench of The Bombay High Court has, in a recent judgment of Anudan Properties Pvt. Ltd vs. MMR Slum Rehabilitation Authority and Ors.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Dhaval Vussonji & Associates
    Dhaval Vussonji & Associates
  • Article

    Unpaid License Fees - An ‘Operational Debt' Under The Insolvency & Bankruptcy Code 2016

    In a move to accord relief to Licensors with outstanding license fee payments, the National Company Law Appellate Tribunal ("NCLAT") vide order dated 7 th July 2022 ("Order") ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Parinam Law Associates
    Parinam Law Associates
  • Article

    Untangling Insolvency: Understanding Debt Categorization

    The classification of financial and operational debts within the context of insolvency proceedings presents a complex legal landscape that demands scrutiny and nuanced interpretation.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Khurana & Khurana, Advocates and IP Attorneys
    Khurana & Khurana, Advocates and IP Attorneys
  • Article

    Whether A Sole Proprietorship Firm Is Eligible To File Application Under Section 7 And Section 9 Of Insolvency And Bankruptcy Code, 2016

    Whether a Sole Proprietorship Firm is eligible to file Application Under Section 7 and Section 9 of Insolvency and Bankruptcy Code, 2016 ("I&B Code") and entitled to initiate Corporate Insolvency Resolution Process ("CIRP") against Corporate Debtor?
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S&A Law Offices
    S&A Law Offices
  • Article

    Whether It Is A Creditor Or Investor Regime

    In 2016, the Government enacted the Insolvency & Bankruptcy Code, 2016 (IBC), which came as a rescue for the snail-paced debt recovery regime and provided a consolidated legal framework...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Dhir & Dhir Associates
    Dhir & Dhir Associates
  • Article

    Dissenting Financial Creditor Vs. The Committee Of Creditors: Who Prevails?

    The present article briefly summarises the findings of the Hon'ble Supreme Court in the decision mentioned above.
    IndiaLitigation, Mediation & Arbitration
    Phoenix Legal
    Phoenix Legal
  • Article

    Raman Ispat: Supreme Court Confines Applicability Of Rainbow Papers

    On 17 July 2023, the Hon'ble Supreme Court delivered its judgement in Paschimanchal Vidyut Vitran Nigam Ltd. v. Raman Ispat Private Limited & Ors., 2023 SCC OnLine SC 842 (Raman Ispat).
    IndiaLitigation, Mediation & Arbitration
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Section 9 Of The IBC Cannot Be Invoked To Execute An Arbitral Award During The Pendency Of An 'Appeal' Under Section 34 Of The Arbitration Act

    The National Company Law Appellate Tribunal at Chennai ("NCLAT") has in M/s. KK Ropeways Limited v. M/s Billion Smiles Hospitality Private Limited inter alia held that an arbitral award...
    IndiaLitigation, Mediation & Arbitration
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    Supreme Court Holds That A Decree Or A Recovery Certificate Constitutes A Fresh Cause Of Action For IBC Proceedings

    The Supreme Court in its recent decision in Dena Bank (now Bank of Baroda) v C. Shivakumar Reddy and Anr, (Civil Appeal 1650 of 2020) has inter alia held that a final judgement...
    IndiaLitigation, Mediation & Arbitration
    Khaitan & Co.
    Khaitan & Co.
  • Article

    A Resolution Plan That Does Not Provision For Statutory Dues Cannot Be Approved By The NCLT Under §31 Of The IBC: Sales Tax Officer v Rainbow Papers Ltd

    The Corporate Insolvency Resolution Process was initiated against Rainbow Papers by the NCLT on 12 September 2017.
    IndiaTax
    Tuli & Co
    Tuli & Co
  • Article

    Transfer Pricing Ruling - Dana Corporation

    AAR Ruling - transfer of shares of Indian Subsidiaries of an American company without consideration in a scheme approved for bankruptcy proceedings in an American Court would not attract capital gains and consequently, transfer pricing provisions cannot be applied in such transactions.
    IndiaTax
    Vispi T. Patel Chartered Accountants
    Vispi T. Patel Chartered Accountants
  • Article

    Airline Insolvencies And The Exemption From The IBC Moratorium

    On October 3, 2023, the Ministry of Corporate Affairs issued a notification ("MCA Notification") that exempted arrangements relating to aircraft, aircraft engines...
    IndiaTransport
    Samvad Partners
    Samvad Partners
  • Article

    NCLAT: Performance Bank Guarantees And Margin Money Excluded From IBC Estate

    The National Company Law Appellate Tribunal, Chennai Bench ("NCLAT") in its decision dated July 25, 2025, in the matter of Rajendra Prasad Tak, Liquidator of Messrs. KVK Nilachal Power Private Limited...
    IndiaCorporate/Commercial Law
    Argus Partners
    Argus Partners
  • Article

    SARFAESI Action Under Judicial Scrutiny: DRT Chandigarh Awards Compensation To Auction Purchasers While Setting Aside Illegal Sale

    The Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, was enacted with the laudable objective of enabling banks and financial institutions to recover their dues...
    IndiaFinance and Banking
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    A Three Judge Bench Of Supreme Court Upholds The Prevailing View That Nclt Has Inherent Powers To Recall An Order Approving A Resolution Plan

    A three Judge Bench of the Supreme Court (Supreme Court) in Greater Noida Industrial Development Authority v. Prabhjit Singh Soni & Anr, 2024 SCC OnLine SC 122 recently upheld the prevailing view...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Khaitan & Co.
    Khaitan & Co.
  • Article

    CIRP Amendment 2025: A Ray Of Hope For The Homebuyers In Distress

    The Insolvency and Bankruptcy Code, 2016 ("Code"), since its inception, has undergone significant reforms to address sector-specific issues and improve the efficiency of the resolution of insolvency.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    AJA Legal
    AJA Legal
  • Article

    Cross Border Insolvency And Concerns Regarding Liquidation Estate

    In the past few years, the legislature had tried to cover this particular aspect and promulgated some draft amendment to the Code.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    King, Stubb & Kasiva
    King, Stubb & Kasiva
  • Showing 661–680 of 2111 results

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