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Under the Insolvency and Bankruptcy Code, 2016, the approval of a resolution plan under Section 31 of the IBC is statutorily binding on the corporate debtor, its creditors, and other stakeholders to the restructured arrangement embodied in the plan.

Therefore, if a winding up order is made then it is in fact likely that all debts of the debtor creditor will have to take a serious haircut to maintain even a possibility of repayment.

Recently, in Bombay Stock Exchange Ltd. v. Mrudula Brodie and Ors.,1 the National Company Law Appellate Tribunal ("NCLAT") provided significant insight on whether the 15-day...

In recent years, the global landscape of commercial disputes has witnessed a radical shift from traditional courtrooms to alternative dispute resolution ("ADR") mechanisms, such as Arbitration and Mediation.

The appellants, home buyers, invested in a real estate project developed by Bulland Buildtech Pvt. Ltd.

In a recent judgment delivered on March 20, 2025, the Hon'ble Supreme Court of India (Supreme Court / Court), in the case of Vaibhav Goel & Anr. vs. Deputy Commissioner of Income Tax & Anr., held that Income Tax dues not included in an approved Resolution Plan under the Insolvency and Bankruptcy Code, 2016 (Code) stand extinguished.

The new amendment will enable the lessors of aircraft to repossess their leased aircraft in the event...

The National Company Law Appellate Tribunal (NCLAT), Delhi held that assets of a corporate debtor that have been provisionally attached under the Prevention of Money Laundering Act, 2002...

In a recent judgment passed on 27th June 2022 in the case of Orbit Towers Pvt. Ltd. v. Sampurna Suppliers Pvt. Ltd., (hereinafter the "Case"), ...

In proceedings with regards to the provisions of the Insolvency and Bankruptcy Code, 2016 the Bombay High Court has passed a landmark judgement ruling that an application under IBC may be made even in cases where ...

The National Company Law Appellate Tribunal, Principal Bench, New Delhi (“NCLAT”), In the case of Vistra ITCL (India) Limited vs. Vithal Madhukar Dahake and Ors.1, has considered whether a third-party mortgagor, which created security over its assets for the debt of another entity, could be treated as giving rise to a ‘financial debt’ under the Insolvency and Bankruptcy Code, 2016 (“IBC”). The appeal arose from an order of the National Company Law Tribunal, Mumbai (“NCLT”).

Section 30 (4) of the Insolvency and Bankruptcy Code that deals with Submission of resolution plan is in the midst of spotlight because of opposite views taken by Adjudicating Authority at Mumbai, NCLT Mumbai...

In Civil Appeal 15481/2017, Macquarie Bank Limited, Singapore filed a petition under Section 9 of the Code as an operational creditor before the National Company Law Tribunal against Uttam Galva Metallics Limited.

In the recent years, India has seen a flurry of new legislations. Some of the notable laws are the Central Goods and Services Tax Act, 2017 (GST) and the Insolvency and Bankruptcy Code, 2016 (IBC).

In the past four months Covid-19 is the primary reason for economic instability and uncertainty for business and companies globally, Indian companies are no exception

Section 21(6A)(b) of the I&B Code 2016 read with Regulation 16A of I&B (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 provides for the mechanism w.r.t representation of class of financial creditors ...

Large unpaid debts and continuing defaults by borrowers require the banks and financial institutions to initiate proceedings for recovery of dues against the principal borrowers as well as the guarantors ...

The Appellant Jindal Steel and Power Limited filed the appeal under section 421 of the Companies act...