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  • Article

    Recovery Of Possession By Third Parties During CIRP

    As per a recent news report1 , as on 30th June 2022, a total of 1,999 CIRPs are ongoing out of which 436 are in the Real Estate Sector. This means, almost 1/4th of the Companies undergoing...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Dhaval Vussonji & Associates
    Dhaval Vussonji & Associates
  • Article

    Restructuring & Insolvency Monthly Update | June 2023

    The Ministry of Corporate Affairs (MCA) vide Notification dated May 15, 2023 revised the procedure governing the issuance of notice of a scheme of merger or amalgamation calling for objections or suggestions...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    HSA Advocates
    HSA Advocates
Article

Restructuring vs. Liquidation: A Comparative Analysis Of India And The UK

Corporate insolvency frameworks play a vital role in managing financial distress by ensuring a balance between protecting creditors...
IndiaInsolvency/Bankruptcy/Re-Structuring
Hammurabi & Solomon Partners
Hammurabi & Solomon Partners
  • Article

    Revised Framework By The Reserve Bank Of India For Resolution Of Stressed Assets

    The RBI in exercise of its powers under the Banking Regulation Act, 1949 and the Reserve Bank of India Act, 1934 on 12th February, 2018 brought in a revised framework for resolution of stressed assets to overhaul the existing framework, ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    VGC Law Firm
    VGC Law Firm
  • Article

    SC: Corporate Insolvency Resolution Proceedings Under The Insolvency And Bankruptcy Code, 2016 Are Independent Of Winding-Up Proceeding Under The Companies Act, 1956

    Many issues have arisen due to the divergent views taken by different High Courts regarding the interpretation of the transitional provisions.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    SC In Vidharbha Industries - IBC Shall Or May Survive?

    The Supreme Court (mostly speaking through Justice (retd.) Nariman) in a series of rulings starting from Innoventive Industries set the jurisprudence for the NCLTs to decide applications filed by financial creditors (FCs) under the Insolvency and Bankruptcy Code, 2016 ("IBC").
    IndiaInsolvency/Bankruptcy/Re-Structuring
    ZBA
    ZBA
  • Article

    Section 14(1)(A) Of IBC Not Applicable To Proceedings Beneficial To Corporate Debtor

    The Delhi High Court in the case of Power Grid Corporation of India Ltd. vs Jyoti Structures Ltd., vide its order dated December 11, 2017, ruled that Section 14(1)(a) of the Insolvency...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    Stressed Assets - Rbi Granted Sweeping Powers

    Ordinance amends the Banking Regulation Act, 1949 empowers RBI to direct banks to resolve specific stressed assets and initiate Insolvency Resolution Process...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Supreme Court's Mandate On Prior CCI Approval Under IBC: A New Standard For CIRP

    In January 2025, the Supreme Court of India passed a landmark judgment in Independent Sugar Corporation Ltd. v. Girish Sriram Juneja, resolving a long-pending doubt in India's insolvency law.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Maheshwari & Co. Advocates & Legal Consultants
    Maheshwari & Co. Advocates & Legal Consultants
  • Article

    Supreme Court Clarifies Distinction Between Speculative Investors And Genuine Homebuyers Under The IBC

    The Supreme Court ("Court") in its recent judgment has clarified the distinction between speculative investors and genuine homebuyers in the context of insolvency...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    AZB & Partners
    AZB & Partners
  • Article

    Supreme Court Clarifies The Status Of Indirect Lenders Under The Insolvency And Bankruptcy Code

    The article delves into Supreme Court of India ruling in China Development Bank v. Doha Bank, that clarifies the status of indirect lenders as financial creditors under the Insolvency and Bankruptcy Code, 2016 (IBC).
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Clasis Law
    Clasis Law
  • Article

    Supreme Court: Lawyers Can Issue Bankruptcy Law Notices And Banker's Certificate Is Not Mandatory

    The Insolvency and Bankruptcy Code, 2016 ("Code").
    IndiaInsolvency/Bankruptcy/Re-Structuring
    LexCounsel
    LexCounsel
  • Article

    Twin Conditions To Be Satisfied: SC On Claims Of Wages/Salaries

    A significant judgement was passed by Hon'ble Supreme Court on 19th April 2022 in matter of Sunil Kumar Jain and others versus Sundaresh Bhatt and others wherein Supreme Court...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Dentons
    Dentons
  • Article

    Understanding The Indian Insolvency And Bankruptcy Regime

    An individual often faces a situation where he is unable to return what he had borrowed. In financial terms, this state of inability to repay is referred as insolvency.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    ASL Legal
    ASL Legal
  • Article

    Whether The Limitation To File An Appeal Under IBC Will Commence On The Date Of Pronouncement Of Order Or From The Date When Contents Are Known To The Aggrieved Party?

    The National Company Law Appellate Tribunal (New Delhi Bench) ("NCLAT") in two recent judgments passed in Raiyan Hotels and Resorts Pvt. Ltd. vs. Unrivalled Projects Pvt. Ltd.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Singhania & Partners LLP
    Singhania & Partners LLP
  • Article

    Wilful Defaulter Must Not Buy IBC Assets

    The Government has been consistently working towards refining and improving the new legal regime being set forth under the IBC.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    Withdrawal Of Corporate Insolvency Resolution Process

    Leaving a major imprint upon the nascent insolvency law regime, the Essar Steel insolvency debate has touched upon almost every aspect of the Code
    IndiaInsolvency/Bankruptcy/Re-Structuring
    The Law Point
    The Law Point
  • Article

    AL Insights - February 2024

    This monthly legal roundup is a compilation of our thought leadership articles published in the month of January 2024 on key legal and regulatory topics.
    IndiaLitigation, Mediation & Arbitration
    Acuity Law
    Acuity Law
  • Article

    Indian Bankruptcy Law: Appeals And Challenges To Arbital Award Cannot Stall Bankruptcy Proceedings

    The phrase "existence of dispute" assumes significance as it is largely the only legal defence that a corporate debtor can take to avoid insolvency/liquidation proceedings initiated by an operational creditor.
    IndiaLitigation, Mediation & Arbitration
    LexCounsel
    LexCounsel
  • Article

    No Room For Delay: NCLAT Affirms Resolution Plan Finality

    The maxim "Vigilantibus non dormientibus iura subveniunt", means law aids the vigilant and not the indolent. In other words, the law comes to the assistance of those who are vigilant with their rights, and not those who sleep on their rights.
    IndiaLitigation, Mediation & Arbitration
    AJA Legal
    AJA Legal
  • Showing 801–820 of 2111 results

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