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  • Article

    Liability Of Guarantors After Approval Of Resolution Plan Under The Insolvency And Bankruptcy Code, 2016

    There have been a number of cases where the issue of rights of a creditor against a guarantor (corporate as well as individual) under the Insolvency and Bankruptcy Code, 2016 have been raised.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    VGC Law Firm
    VGC Law Firm
  • Article

    NCLAT: IPR Constitutes Operational Debt Under IBC

    In a recent order passed by the National Company Law Appellate Tribunal, Principal Bench, New Delhi ("NCLAT") in Somesh Choudhary v Knight Riders Sports Private Limited & Anr.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Khaitan & Co.
    Khaitan & Co.
  • Article

    NCLAT: Re-Filing After Curing Defects Of An Appeal Cannot Be Treated As The Fresh Date Of Filing

    The National Company Law Appellate Tribunal, Principal Bench, New Delhi ("NCLAT") in Innovators Cleantech Private Limited v. Pasari Multi Projects Private Limited (I.A. No. 1622 & 1623 of 2024 in Company Appeal...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Argus Partners
    Argus Partners
  • Article

    Supreme Court: Time-Barred Claims Cannot Be Brought Under IBC

    On 11 October 2018, the Supreme Court vide its judgment in B.K. Educational Services Private Limited v Parag Gupta and Associates (Civil Appeal No. 23988 of 2017) clarified the applicability of Limitation Act, 1963 ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Khaitan & Co.
    Khaitan & Co.
  • Article

    The Videocon Insolvency Resolution Process: Is Reading Between The Lines Warranted?

    By an order dated July 19, 2021, the National Company Law Appellate Tribunal (the "NCLAT") stayed the operation of the order of the National Company Law Tribunal (the "NCLT")...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S&R Associates
    S&R Associates
  • Article

    Supreme Court Confirms That Arbitration Petition Not Maintainable After Admission Of Section 7 IBC Petition

    In a recent judgment , upholding the order passed by the NCLT and settling previous uncertainties, the Supreme Court of India ("Supreme Court"), held that an arbitration petition is not maintainable...
    IndiaLitigation, Mediation & Arbitration
    Phoenix Legal
    Phoenix Legal
  • Article

    FTX Fiasco And The Need For A Crypto Regulatory Framework

    The world of crypto has been wracked with one piece of bad news after another ever since the global economic downturn influenced by the Russia-Ukraine war.
    IndiaTechnology
    Ahlawat & Associates
    Ahlawat & Associates
  • Article

    Updating Force Majeure Clauses For India-Japan Contracts

    The COVID-19 pandemic transformed force majeure clauses from overlooked boilerplate provisions into critical contract terms that determined business survival. This article examines how Indian and Japanese companies have fundamentally revised their commercial agreements in response to lessons learned during the pandemic, moving beyond traditional "acts of God" language to address modern disruptions including pandemics, cyberattacks, and regulatory changes.
    GlobalCorporate/Commercial Law
    Kochhar & Co.
    Kochhar & Co.
  • Article

    Prior Competition Clearance In Insolvency Resolution Process Now Mandatory – Step Towards "Ease Of Doing Business"

    The enactment of the Insolvency and Bankruptcy Code, 2016 (IBC) has been often cited as one of the key economic reform of the present government.
    IndiaAntitrust/Competition Law
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Threshold Limit Under IBC Enhanced To INR 1 Crore Amidst Coronavirus Crisis

    Provided that the Central Government may, by notification, specify the minimum amount of default of higher value which shall not be more than one crore rupees."
    IndiaCoronavirus (COVID-19)
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    Adjudicating Authority Cannot Delve Into The Merits Of A Section 95 Of Company Petition Before Appointment Of Resolution Professional Under Section 97 Of IBC

    The Hon'ble National Company Law Appellate Tribunal, Principal Bench, New Delhi, comprising of Justice Ashok Bhushan (Chairperson), Barun Mitra (Technical Member), and Arun Baroka (Technical Member).
    IndiaCorporate/Commercial Law
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    India Law Update: National Company Law Appellate Tribunal Of India Clarifies ‘Existence Of Disputes'

    In its recent judgment of Kirusa Software Private Ltd. vs. Mobilox Innovations Private Ltd. Company Appeal (AT) (Insolvency) 6 of 2017, the National Company Law Appellate Tribunal of India...
    IndiaCorporate/Commercial Law
    Clyde & Co
    Clyde & Co
  • Article

    Legalaxy – Monthly Newsletter Series – Vol X – March, 2024

    In the March edition of our monthly newsletter "Legalaxy", our team analyses some of the key developments in securities market, foreign direct investment, banking and finance, labour, insolvency and liquidation, environment, power, and corporate affairs.
    IndiaCorporate/Commercial Law
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Ministry Of Corporate Affairs Vide Circular No.04/2020 February 17,2020, Clarified The Procedure Of Filing Of Forms In The Register (MCA-21) By The Insolvency Professional (Interim Resolution Professional (IRP) Appointed Under Insolvency Bankruptcy Code,2016

    Keeping in view the requirements for Statutory compliances by companies under the Companies Act,2013, and to enable compliance by such Resolution Professionals,...
    IndiaCorporate/Commercial Law
    Lex Favios
    Lex Favios
  • Article

    Novation, Settlement, And Guarantee Obligations: A Study Of NCLAT's Recent Judgment

    In a significant ruling of Jagtar Singh vs Gagan Gulati, the National Company Law Appellate Tribunal (NCLAT), Principal Branch, New Delhi reflected on an important question under the Insolvency and Bankruptcy Code.
    IndiaCorporate/Commercial Law
    Anhad Law
    Anhad Law
  • Article

    Recent Developments In India's Corporate & Commercial Laws - March 2025

    The March 2025 edition of Fox & Mandal's newsletter examines the revamp of industry standards on KPI disclosures; standardisation of LODR disclosures; classification of homebuyers under buy-back schemes as allottees under RERA; RBI's framework for bond forward transactions in government securities; Draft regulations for a more precise assessment of predatory pricing; and other regulatory changes in India's corporate, capital markets, real estate, insolvency, anti-trust, and banking sectors.
    IndiaCorporate/Commercial Law
    Fox & Mandal
    Fox & Mandal
  • Article

    Securities Exchange Board Of India Provides Exemption From Clubbing Of Investment Limit For Foreign Government Agencies And Its Related Entities

    Securities Exchange Board of India (SEBI) vide notification no. IMD/FPI&C/CIR/P/2020/07 dated January 16, 2020 introduces Exemption from clubbing of investment limit for foreign Government agencies.
    IndiaCorporate/Commercial Law
    Lex Favios
    Lex Favios
  • Article

    Understanding Director Liability In Cheque Bounce Cases Under The Negotiable Instruments Act

    Amongst the pending disputes in commercial and financial dealings, cheque bounce cases have emerged as a significant legal concern.
    IndiaCorporate/Commercial Law
    Maheshwari & Co. Advocates & Legal Consultants
    Maheshwari & Co. Advocates & Legal Consultants
  • Article

    Further Refinements In India's External Commercial Borrowing Regime – Boon Or Bane?

    As we enter into 2019 with some trepidation and given it is an election year in India, many will be glad to see the back of 2018.
    IndiaFinance and Banking
    ZBA
    ZBA
  • Article

    Mandatory Compliance With Rule 9 Of SARFAESI Rules: Supreme Court Quashes Sixteen-Year-Old Auction Sale For Statutory Non-Compliance

    The enforcement of security interests under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act)...
    IndiaFinance and Banking
    IndiaLaw LLP
    IndiaLaw LLP
  • Showing 681–700 of 2111 results

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