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  • Article

    Successful Resolution Plan Not Permitted To Be Withdrawn Under IBC: NCLAT

    Recently, the Hon'ble National Company Law Appellate Tribunal has passed an order reiterating that once a resolution plan is approved by the Committee of Creditors (CoC)...
    IndiaCorporate/Commercial Law
    Khaitan & Co.
    Khaitan & Co.
  • Article

    The Quandary Over The Jurisdiction Of NCLT Under Section 32A Of IBC In Directing The Enforcement Directorate For Release Of Attachment On The Property Of Corporate Debtor

    The Division Bench of the Hon'ble High Court of Bombay recently rendered a significant judgment in relation to the jurisdiction of the NCLT under Section 32A of the Insolvency and Bankruptcy Code, 2016 ...
    IndiaCorporate/Commercial Law
Economic Laws Practice
Economic Laws Practice
  • Article

    Voluntary Liquidation : Old Regime Liquidated

    Closing the loop on corporate liquidation, the Central Government has, on 30 March 2017, notified, inter alia, Section 59 of the Insolvency and Bankruptcy Code, 2016...
    IndiaCorporate/Commercial Law
    Khaitan & Co.
    Khaitan & Co.
  • Article

    When Screenshots Aren't Enough: NCLAT Slams Bid-Rigging Allegation In Atlas Alloy Liquidation Auction

    A midnight email screaming "collusion", a father pacing inside the liquidator's office, and a rival bid that popped up 27 seconds before the virtual hammer fell—those dramatic...
    IndiaCorporate/Commercial Law
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Parliament Passes Bill To Bring Co-operative Banks Under RBI Supervision

    The Banking Regulation (Amendment) Bill, 2020[i] was passed by Lok Sabha on September 16, 2020 and by Rajya Sabha on September 22, 2020.
    IndiaFinance and Banking
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    A Comparison Between The Powers Of The Resolution Professional Vis-à-vis Those Of The Liquidator Under The Insolvency And Bankruptcy Code, 2016

    Under section 433(e) of the Companies Act, 1956 and under Section 271(1)(a) of the unamended Companies Act, 2013 a company could be wound up if it was "unable to pay its debts".
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S&A Law Offices
    S&A Law Offices
  • Article

    A Nascent Code - IBC, Has Grown Steadily And Positively In 2019

    India has improved its ranking on the World Bank's "Ease of Doing Business" 2020 report. As per the report, India has moved up 14 positions to 63rd position as compared to 77th position in 2018
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Rajani Associates
    Rajani Associates
  • Article

    Applicability Of The Limitation Act, 1963 To The Insolvency And Bankruptcy Code, 2016

    The Insolvency and Bankruptcy Code, 2016 (Code) was enacted for a time bound insolvency resolution process with the primary aim of rehabilitating financially distressed entities...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Phoenix Legal
    Phoenix Legal
  • Article

    Breach Of Settlement Terms And Creditor's Right To File For Corporate Insolvency: Striking A Balance Under The Insolvency And Bankruptcy Code, 2016

    The Insolvency and Bankruptcy Code, 2016 ("IBC") is a hallmark in the landscape of Indian insolvency laws, amalgamating principles from well-developed bankruptcy regimes globally.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Shardul Amarchand Mangaldas & Co
    Shardul Amarchand Mangaldas & Co
  • Article

    Can Ex-Employee Of Financial Creditor Be Interim Resolution Professional?

    In a recent case, the National Company Law Appellate Tribunal ("NCLAT"), vide its ruling dated May 22, 2020 upheld the order passed by respective National Company...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    Can The Adjudication Of The Counter Claim Be Stayed In The Purview Of Moratorium Being Declared On The Corporate Debtor?

    This occurred when CIRP had already been initiated against the Plaintiff.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    AMLEGALS
    AMLEGALS
  • Article

    Circulars/Notifications Issued By IBBI – July 2020

    An Ordinance was passed on 5th June 2020, by the President of India in furtherance to the announcement earlier made by Hon'ble Finance Ministry w.r.t suspension of Fresh cases to be filed under Section 7, 9 and 10 ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S&A Law Offices
    S&A Law Offices
  • Article

    CIRP Regulation Amendments

    The Insolvency and Bankruptcy Board of India vide its notification No. IBBI/2019-20/GN/REG040 introduced the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) (Amendment) Regulations, 2019 ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S&A Law Offices
    S&A Law Offices
  • Article

    Claims Of Creditors In The Resolution Process

    There is an overlap of duties when it comes to adjudication of the claims of creditors.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S&A Law Offices
    S&A Law Offices
  • Article

    Committee Of Creditors And The Courts: Delimiting Judicial Interference In Selection Of Successful Resolution Applicant

    The Insolvency and Bankruptcy Code, 2016 has been lauded for being a transformative legislation in India aimed at resolving corporate insolvency in a time-bound manner while maximizing the value of assets without compromising the interests of other relevant partiesA pivotal ingredient of IBC.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S&A Law Offices
    S&A Law Offices
  • Article

    Criminal Proceedings Do Not Fall Under The Purview Of The Moratorium Under The Insolvency And Bankruptcy Code, 2016 – Bombay High Court

    Recently the Bombay High Court, in Tayal Cotton (P.) Ltd. Vs. State of Maharashtra discussed whether moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016 includes criminal proceeding within its ambit.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    M Mulla Associates
    M Mulla Associates
  • Article

    Decoding The Eligibility Of Multi-state Co-operative Societies As Resolution Applicants

    The Supreme Court's recent judgment in Nirmal Ujjwal Credit Co-Operative Society Ltd. v. Ravi Sethia examines whether Multi-State Co-operative Societies...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    CMS INDUSLAW
    CMS INDUSLAW
  • Article

    Disputes By Corporate Debtor Under Insolvency Resolution

    The Insolvency and Bankruptcy Code, 2016 (IBC) was passed by the Parliament on 11th May 2016, received Presidential assent on 28th May 2016 and was notified in the official gazette on the same day
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Maheshwari & Co. Advocates & Legal Consultants
    Maheshwari & Co. Advocates & Legal Consultants
  • Article

    Enterprise Value Of Firms Under Insolvency

    It is critical to identify the nature of distress.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Duff and Phelps
    Duff and Phelps
  • Article

    "Existence Of A Dispute" Under The Insolvency And Bankruptcy Code Clarified By The NCLAT

    In the aforesaid case before the Appellate Tribunal, the appeal had arisen out of an order of the Tribunal (Mumbai bench) rejecting the insolvency application filed by an operational creditor.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    LexCounsel
    LexCounsel
  • Showing 761–780 of 2111 results

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