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  • Article

    IBC Comes To Rescue Of The Unpaid Employees

    Incorporated with the objective of promoting maximization of value of assets in a time bound manner, the Insolvency and Bankruptcy Code works towards effective protection to honest creditors...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Video

    IBC - The Way Forward And The Need For Prioritizing Resolution Over Admission (Video)

    India's Ministry of Corporate Affairs recently released a Discussion Paper inviting public comments on proposed changes to the Insolvency and Bankruptcy Code, 2016.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    HSA Advocates
    HSA Advocates
  • Article

    Insolvency – Doctrine Of Election – IBC Provisions Can Be Invoked Even After Issuance Of Recovery Certificates By DRT

    The Supreme Court has held that the ‘doctrine of election', stemming out of the law of evidence that bars prosecution of the same right in two different fora based on the same cause of action..
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Jaiprakash Associates & Anr. v. IDBI Bank Ltd. & Anr.*

    The Hon'ble Supreme Court looked into two major issues under the IBC regime: (i) whether the NCLT and the NCLAT had the power to exclude any period from the statutory period in exercise of their inherent powers, ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    DSK Legal
    DSK Legal
  • Video

    Key Emerging Trends In Insolvency And Bankruptcy Code, 2016 (Webinar)

    The Insolvency and Bankruptcy Code (IBC), 2016, continues to evolve as one of India's most critical financial reforms.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Corporate Professionals - Advisors & Advocates
    Corporate Professionals - Advisors & Advocates
  • Article

    Moratorium Under IBC To Cover Personal Guarantees Of Promoters Furnished To Financial Creditors

    Recently, NCLAT faced a situation in State Bank of India v. Mr. V. Ramakrishnan and Ors. [Company Appeal (AT) Insolvency no. 213 of 2017], where the State Bank of India had appealed...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    PSA
    PSA
  • Article

    NCLT Grants 60-Day Extension For Go First's Insolvency Deadline

    The National Company Law Tribunal ("NCLT"), granted a 60-day extension on February 13, 2024 for the resolution process of the grounded airline Go First.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Pioneer Legal
    Pioneer Legal
  • Article

    Ongoing Settlement Cannot Be A Basis To Reject Petition Under IBC - Supreme Court

    The Adjudicating Authority ("AA") cannot simply dismiss a petition under section 7 of the Insolvency & Bankruptcy Code, 2016 ("IBC"),on the basis that the corporate debtor...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Juris Corp
    Juris Corp
  • Article

    Personal Guarantor Insolvency Is Not Dependent On The Status Of Insolvent Corporate Debtor Status – Clarity For Lenders Actions

    The Supreme Court has refused to interfere with the order passed by the National Company Law Appellate Tribunal (NCLAT) in SBI v. Mahendra Kumar Jajodia and has upheld...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    ZBA
    ZBA
  • Article

    Section 95 IBC: NCLAT Chennai Bars Consecutive Insolvency Applications Against Same Guarantor

    In a recent judgment, the National Company Law Appellate Tribunal (NCLAT) in Chennai addressed a significant issue concerning the initiation of insolvency resolution proceedings...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    State Of Play In Insolvency And Bankruptcy Reforms

    In World Bank's ranking on resolving insolvency, India stood 136th in 2016.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Advaya Legal
    Advaya Legal
  • Article

    Supreme Court Clarifies Law On MSME Registration During CIRP

    The Supreme Court in Hari Babu Thota (read here) has ruled that a Corporate Debtor's promoter can submit a resolution plan under the Insolvency and Bankruptcy Code, 2016...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Acuity Law
    Acuity Law
  • Article

    Supreme Court Holds That NCLT Cannot Adjudicate On Disputes Pertaining To Trademark Ownership If Not Related To Insolvency Proceedings

    The Supreme Court of India, by its judgment dated 22.01.2026, in the matter of Gloster Limited v. Gloster Cables Limited & Ors.
    IndiaIntellectual Property
    Sagus Legal
    Sagus Legal
  • Article

    Drafting Right Of First Refusal Clauses: Legality, Issues & Concerns

    A right of first refusal ("ROFR") is a contractual entitlement of a party to enter into a business transaction with the counterparty (to a contract) which such counterparty is desirous of executing...
    IndiaLitigation, Mediation & Arbitration
    AKS Partners
    AKS Partners
  • Article

    Fast Track Exit Of Corporates Gets Centralized

    Fast Track Exit (FTE) or the ‘Strike-off route' has been one of the easiest exit modes for companies, that have not conducted any business operations for past 2 (two) years and who satisfy certain other eligible criteria.
    IndiaCorporate/Commercial Law
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Payment Against An Agreement To Sell Is A Duly Enforceable Debt Under The Negotiable Instruments Act

    The division bench of the Supreme Court of India comprising of Hon'ble Justice Dr D.Y. Chandrachud and Hon'ble Justice Mr Hemant Gupta, in its judgment dated 13 March 2019 in Ripudaman Singh v Balkrishna, ...
    IndiaFinance and Banking
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Analysing The Jaypee Judgement With Respect To The Roles Of Third Party Mortgage Under The Insolvency And Bankruptcy Code

    The Insolvency and Bankruptcy Code stands to be one of the most direly needed legislation in the wake of the increasing corporate culture
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Khurana & Khurana, Advocates and IP Attorneys
    Khurana & Khurana, Advocates and IP Attorneys
  • Article

    Committee Of Creditors To Bear Expenses Of Insolvency Resolution Professional (IRP)

    On 6th March, 2018, the NCLAT, in the matter SBI VS SKC Retails Ltd. through IRP & anr., held that the Applicant is liable to incur the expenses of resolution professional as per sub-regulation...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Dhir & Dhir Associates
    Dhir & Dhir Associates
  • Article

    Guarantor Can Recover Dues Under IBC

    The Guarantor furthermore relied on the cheque issued by the Corporate Debtor to Guarantor for the aforesaid amount, which was returned dishonoured.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Mansukhlal Hiralal & Company
    Mansukhlal Hiralal & Company
  • Article

    High Court Of Delhi Applies Principle Of Parity To Condone Delay In Filing Written Statement Before DRT

    The High Court of Delhi through its judgment dated 12.02.2026 in Avantha Holdings Limited v. ICICI Bank Limited & Ors. while applying the principle of parity held that where substantial delay on one side is overlooked, …
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Sagus Legal
    Sagus Legal
  • Showing 81–100 of 2111 results

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