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  • Article

    New Stressed Assets Ordinance – RBI Conferred With Sweeping Powers

    Despite the risk of higher provisioning, banks were not willing to undertake deep surgery or offer higher discounting on stressed assets.
    IndiaFinance and Banking
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Supreme Court : A Creditor Won't Be A Financial Creditor Merely On The Strength Of A Pledge Agreement And Deed Of Undertaking As The Corporate Debtor Never Promised To Discharge The Liability Of Borrower

    In Phoenix ARC Pvt. Ltd. v. Ketulbhai Ramubhai Patel , an appeal came up before the Supreme Court under Section 62 of the Insolvency and Bankruptcy Code, 2016 ("Code").
    IndiaFinance and Banking
VGC Law Firm
VGC Law Firm
  • Article

    Admission Of CIRP Under Section 7 Of The IBC, 2016, Is Liable To Be Recalled Upon Establishment Of Fraud Or Malicious Intent Under Section 65 Of The Code

    The Hon'ble National Company Law Appellate Tribunal (NCLAT) in the matter of Acute Daily Media Pvt. Ltd. and Ors.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Amendments To The Insolvency And Bankruptcy Board Of India (Insolvency Resolution Process For Corporate Persons) Regulations, 2016

    On September 18, 2023, the Insolvency and Bankruptcy Board of India amended the IBBI Regulations, 2016 vide the IBBI Regulations, 2023.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Argus Partners
    Argus Partners
  • Article

    Analysing The 2021 IBBI Discussion Paper On Code Of Conduct For Committee Of Creditors

    On August 27, 2021, the Insolvency and Bankruptcy Board of India ("IBBI"), created under the 2016 insolvency law, released a discussion paper ("IBBI Discussion Paper")...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Obhan Mason
    Obhan Mason
  • Article

    Applicability Of Limitation To The Insolvency And Banruptcy Code, 2016

    The Law of Limitation has been on the talks in context to whether it shall be applicable to the Insolvency and Bankruptcy Code, 2016 ("IBC, 2016") since its very beginning.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S&A Law Offices
    S&A Law Offices
  • Article

    Authority By Designation: NCLAT Clarifies Power Of Attorney Execution In Indian Bank v. Aman Hospitality

    The Insolvency and Bankruptcy Code, 2016 (IBC) often throws up not only substantive questions of debt and default but also technical objections on authorisation and procedure.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Bankruptcy Code – A Much-Needed Boost For Corporate Bond Market?

    From an investor's standpoint, a robust and effective bankruptcy regime is a prerequisite for the development of the corporate debt market.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Phoenix Legal
    Phoenix Legal
  • Article

    Can Adjudicating Authority Go Into The Merits Of A Resolution Plan

    Insolvency and Bankruptcy Code, 2016 was enacted with the objective of maximization of value of assets, to promote entrepreneurship, availability of credit and balance of interests of all stakeholders.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S&A Law Offices
    S&A Law Offices
  • Article

    Case Note: Interpretation Of Section 7(5)(A) Of The Insolvency And Bankruptcy Code, 2016

    In the case of State Bank of India v. Essar Steel India Ltd., C.P (I.B) No. 40/7/NCLT/AHM/2017, the National Company Law Tribunal, Ahmedabad Bench has interpreted Section 7(5)(a) of the Insolvency and Bankruptcy Code...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S&A Law Offices
    S&A Law Offices
  • Article

    Completion Of CIRP Of Corporate Debtor Does Not Absolve Director's Liability In Cases Filed Under Section 138 Of Negotiable Instruments Act

    The Supreme Court of India in the recent judgment of Ajay Kumar Radheyshyam Goenka v. Tourism Finance Corporation of India Ltd., dismissed the appeals aimed to contest the proceedings filed by the lender under Section 138 ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Phoenix Legal
    Phoenix Legal
  • Article

    Delhi High Court Affirms Validity Of Full And Final Settlement In Subcontract Recovery Dispute

    The Delhi High Court recently delivered a significant judgment in the appeal case involving M/S BS Enviro N Infracon Pvt. Ltd. (Appellant) and VIJ Contracts Pvt. Ltd. (Respondent).
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Effect Of Settlement Between The Parties On The Application Filed And Admitted Under Insolvency And Bankruptcy Code, 2016

    While two parties litigate out their dispute before a court of law, there is always a possibility that a mutual settlement may be arrived at during the course of proceedings.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S&A Law Offices
    S&A Law Offices
  • Article

    Ensuring Dignity: Supreme Court Rules Maintenance Claims Take Priority Over Financial Obligations

    The Supreme Court of India has once again emphasized the paramount importance of the right to maintenance by declaring it superior to statutory financial claims under laws like the SARFAESI Act and the Insolvency.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Essar Steel India v. RBI*: A Case Comment

    Essar Group is an Indian conglomerate into manufacturing, services and retails sectors. The group has operational presence across 29 countries having 45,000 employees across the world.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Royzz & Co
    Royzz & Co
  • Article

    Homebuyers Cannot Invoke Insolvency Proceedings To Execute RERA Decrees: NCLAT

    In a recent order issued by the National Company Law Appellate Tribunal ("NCLAT") in the case of Sushil Ansal Vs. Ashok Tripathi, the NCLAT has held that a decree-holder cannot be...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Obhan Mason
    Obhan Mason
  • Article

    IBBI And Courts Settle The Issue Of Applicability Of Interim Moratorium For A Personal Guarantor Of A Corporate Debtor

    The Insolvency and Bankruptcy Code (Amendment) Act, 2026 introduced sub-section (4) into Section 96 of the Insolvency and Bankruptcy Code, 2016 (IBC), excluding personal guarantors to corporate debtors from the protection of the interim moratorium that automatically arises on the filing of an application to initiate insolvency resolution proceedings under Section 94 or Section 95. The amendment, which came into force on 26 May 2026, does not contain any express statement as to whether it applies to pending applications or applications filed after the introduction of Section 96(4).
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Khaitan & Co.
    Khaitan & Co.
  • Article

    If A Demand Notice Under IBC Returns Undelivered

    If a demand notice under IBC returns undelivered then what are the remedies available?
    IndiaInsolvency/Bankruptcy/Re-Structuring
    AMLEGALS
    AMLEGALS
  • Article

    Insolvency and Bankruptcy Code Update - August 2019

    The amendment would enable the market to come up with dynamic resolution plans for value maximisation.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    DMD® Advocates
    DMD® Advocates
  • Article

    Insolvency In Indian Aviation: What Does India's New Cape Town Convention Bill Mean For Recovery And Re-Possession Of Leased Aircrafts?

    Leasing of aircrafts is a prevalent market practice in the aviation industry, and all existing airline operators in India have currently leased a significant number of aircrafts in their fleet.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Khaitan & Co.
    Khaitan & Co.
  • Showing 701–720 of 2111 results

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