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  • Article

    Insolvency Proceedings Against Un-Incorporated Joint Ventures

    While these companies formed a joint venture for developing the project, they did not register this joint venture as a separate company.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Dhaval Vussonji & Associates
    Dhaval Vussonji & Associates
  • Article

    Invoice Date As The Anchor: NCLT Ahmedabad On Foreign Currency Debt Conversion Under IBC Section 4

    The National Company Law Tribunal, Ahmedabad Bench, in PM Copper Wire & Cables BHD v. Relicab Cable Manufacturing Ltd. (CP (IB) No. 63/AHM/2026, decided on 17th April 2026)...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
Article

MCA Has Introduced The Insolvency And Bankruptcy Code (Amendment) Ordinance, 2019 To Further Amend The Insolvency And Bankruptcy Code, 2016

The Amendment will remove certain ambiguities in the Insolvency and Bankruptcy Code, 2016 and ensure smooth implementation of the Code.
IndiaInsolvency/Bankruptcy/Re-Structuring
Lex Favios
Lex Favios
  • Article

    Moratorium Would Not Apply To Personal Guarantor Of Corporate Debtor

    The Supreme Court of India delivered two judgments under the Insolvency and Bankruptcy Code 2016 ("Code") recently.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    NCLAT Bars CIRP On Barter Agreements, Explores RERA's Role In Challenging Admission Orders

    NCLAT scrutinized whether RERA, as a statutory authority, had legitimate standing to file an appeal against the CIRP admission order.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    ZBA
    ZBA
  • Article

    NCLAT: Creditors Of Erstwhile Developer Can Initiate CIRP Against The Successful Auction Purchaser And Such Initiation Does Not Preclude Them From Filing Claims In The CIRP Of The Current Developer

    In the recent decision of the Anjani Kumar Prashar (Suspended Director of Grandstar Realty Pvt. Limited) v. Manab Dutta, the National Company Law Appellate Tribunal ("NCLAT")...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    Other Amendments

    In August 2018, many new changes were introduced in the Code...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S&A Law Offices
    S&A Law Offices
  • Article

    Residuary Jurisdiction Of The National Company Law Tribunal Under Section 60(5) Of The Insolvency And Bankruptcy Code, 2016: A Brief Analysis

    Pursuant to Section 60(5) of the Insolvency and Bankruptcy Code, 2016 ("Code") the National Company Law Tribunal ("NCLT") is bestowed with the jurisdiction to decide:
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S&R Associates
    S&R Associates
  • Article

    Resolution Of Financial Service Providers: Nightwatchman In, Main Batsman To Follow!

    It appears that the intention is to keep the insolvency resolution of banks outside the purview of IBC altogether, but the Press Release is silent on whether a new resolution mechanism is being
    IndiaInsolvency/Bankruptcy/Re-Structuring
    AZB & Partners
    AZB & Partners
  • Article

    Restructuring & Insolvency Monthly Newsletter | July 2021

    On June 18, 2021, in exercise of the powers conferred by Section 30 of the Securities Contracts (Regulation) Act, 1956, the Central Government through ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    HSA Advocates
    HSA Advocates
  • Article

    Restructuring & Insolvency Monthly Update | January 2022

    On June 22, 2014, a Master Agreement to Sell (Master Agreement) was entered into between IDBI Trusteeship Ltd and Karvy Realty (India) Ltd which aimed to raise an amount of INR 50 crore...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    HSA Advocates
    HSA Advocates
  • Article

    Restructuring & Insolvency Monthly Update | September 2021

    In exercise of the powers conferred by Clause (c) and Clause (cd) of Section 140 and Clause (viii) of Sub-Section (2) of Section 288 read with Section 295 of the Income-tax Act...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    HSA Advocates
    HSA Advocates
  • Article

    Right Of A Resolution Professional To Take Control Over The Assets Of A Third Party During CIRP

    The Supreme Court of India by way of a judgment in Victory Iron Works v. Jitendra Lohia & Anr., 2023 SCC OnLine SC 260 held that the term "property" under Section 3(27) of the Insolvency and Bankruptcy Code, 2016...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Khaitan & Co.
    Khaitan & Co.
  • Article

    SC Dismisses Appeals By Noida Special Economic Zone Authority: Upholds Insolvency And Bankruptcy Code, 2016 Primacy Over The Special Economic Zone Act, 2005

    In a landmark decision, the Supreme Court of India in Noida Special Economic Zone Authority (NSEZA) v. Manish Agarwal & Ors. upheld the approval of a resolution plan under...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    SC Upholds NCLAT View That A Security Deposit May Constitute A Financial Debt In Certain Circumstances

    The Supreme Court (SC) in Global Credit Capital Limited & Anr v. Sach Marketing Private Limited & Anr, 2024 SCC OnLine SC 649 upheld the judgment and order of the National Company Law Appellate Tribunal,,,
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Supreme Court's Decision In National Spot Exchange Limited v. Union Of India: Priority Of Secured Creditors In Flux?

    The Hon'ble Supreme Court of India in its order dated May 15, 2025, in the matter of National Spot Exchange Limited v. Union of India (Writ Petition (Civil) No. 995 of 2019) has explored...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    DSK Legal
    DSK Legal
  • Article

    Supreme Court Clarifies Non-applicability Of Moratorium Under The Insolvency And Bankruptcy Code, 2016 To Proceedings Under The Negotiable Instruments Act, 1881

    In a landmark ruling, a 2 (two) judge bench of the Hon'ble Supreme Court of India ("Supreme Court") in the case of Rakesh Bhanot vs. M/s. Gurdas Agro Private Limited1 held that proceedings under Section 138 of the Negotiable Instruments Act, 1881 ("NI Act").
    IndiaInsolvency/Bankruptcy/Re-Structuring
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    Supreme Court Clarifies That Section 18 Of The Limitation Act, 1963 Applies To Insolvency And Bankruptcy Code, 2016

    The applicability of Section 18 of the Limitation Act, 1963 ("Limitation Act") on proceedings under Insolvency and Bankruptcy Code, 2016 ("IBC") has been unclear and contentious till date.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    RPV Legal
    RPV Legal
  • Article

    Supreme Court Decides: Delayed CIRP Or Timely Liquidation- Which Is The Better Option?

    In a significant recent judgment, the Supreme Court of India ordered the liquidation of Jet Airways (India) Limited, under the Insolvency and Bankruptcy Code, 2016 (IBC/Code).
    IndiaInsolvency/Bankruptcy/Re-Structuring
    AJA Legal
    AJA Legal
  • Article

    The Insolvency And Bankruptcy Board Of India (Grievance And Complaint Handling Procedure) Regulations, 2017

    Considering the rapid increase of insolvency cases, the increased and more defined role of the service providers and stakeholders at different levels in companies, partnerships, banks etc....
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Showing 721–740 of 2111 results

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