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  • Article

    Can IBC Be Invoked Against A Company Whose Name Has Been Struck Off From The Registrar Of Companies?

    "Striking off" of a company can at times be considered as an alternate mechanism to "winding up" of a company.
    IndiaCorporate/Commercial Law
    King, Stubb & Kasiva
    King, Stubb & Kasiva
  • Article

    Employee And Workmen Dues Are Not Part Of Liquidation Estate – To Be Paid On Priority

    The dues of the workmen and employees towards provident fund, pension fund and gratuity fund are considered "assets of workmen/employees" lying with the Corporate Debtor.
    IndiaEmployment and HR
    LexCounsel
LexCounsel
  • Article

    Relief For Stressed Companies As Supreme Court Of India Declares RBI Circular Dated 12th February 2018 Ultra Vires

    It was also argued that the said Circular suffers from absence of guidelines.
    IndiaFinance and Banking
    Dhaval Vussonji & Associates
    Dhaval Vussonji & Associates
  • Article

    Cheque Bounce Relief To Firms Facing Insolvency Proceedings

    The question whether the institution or continuation of a proceeding under Section 138/141 of the Negotiable Instruments (NI) Act can be said to be covered by the moratorium provision, namely...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    Limits On Inherent Powers: Supreme Court Clarifies Rule 11 In Insolvency Withdrawals

    The Supreme Court in a recent judgment held that the inherent powers under Rule 11 of the National Company Law Appellate Tribunal Rules (NCLAT Rules) cannot be used to circumvent the procedure of
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Phoenix Legal
    Phoenix Legal
  • Article

    Moratoriums Under Insolvency And Bankruptcy Rules

    The law regarding moratoriums imposed under Section 14 of the Insolvency and Bankruptcy Code (hereinafter referred to as the IBC 2016) has been often explained and clarified...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    National Spot Exchange Limited ("NSEL") V Mr. Anil Kohli, Resolution Professional For Dunar Foods Limited

    Aggrieved by the order of the National Company Law Appellate Tribunal (NCLAT) refusing to condone a delay of 44 (forty-four) days in filing an appeal against the order passed...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Khaitan & Co.
    Khaitan & Co.
  • Article

    NCLAT Affirms Admission Of Insolvency Petition Against The Corporate Guarantor Of A Sole Proprietorship Firm

    Recently, the Appellate Authority (NCLAT) in the matter of Laxmi Pat Surana v. Union Bank of India & Ors. has held that an application under Insolvency and Bankruptcy Code, 2016 (‘I&B Code') is ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    VGC Law Firm
    VGC Law Firm
  • Article

    Pre-Packaged Insolvency Resolution Process Framework – A Leap Forward

    The reason behind this is that the pre-pack is a voluntary consensual process between debtors and creditors to resolve stress.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    ZBA
    ZBA
  • Article

    Resolution Plan Not To Discriminate Against One Or Other ‘Financial Creditor' Or ‘Operational Creditor': Rules NCLAT

    Hon'ble National Company Law Appellate Tribunal in the case of Binani Industries Limited V. Bank of Baroda & Anr. on November 14, 2018 along with other connected matters has pronounced its ruling ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    King, Stubb & Kasiva
    King, Stubb & Kasiva
  • Article

    Structuring Of Stressed Assets Via Pre-Pack Insolvency Mechanism

    Pre-packaged Insolvency Resolution Process (Prepack) is a hybrid debt restructuring mechanism that integrates both formal and informal (Out of Court settlement) insolvency proceedings.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S&A Law Offices
    S&A Law Offices
  • Article

    Competition Commission Clearance In Insolvency Resolution Process In India – Do The Acquirers Have A Choice?

    The CCI, till date, has been notified of five (5) transactions involving the acquisition of a corporate debtor under the IBC and has granted approval in two of them so far.
    IndiaAntitrust/Competition Law
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Supreme Court: Resolution Plan Proposing Combination Shall Be Placed Before The Committee Of Creditors Only After Approval From CCI

    On January 29, 2025, a three-judge bench of the Supreme Court ("Court"), delivered a landmark ruling in Independent Sugar Corporation Limited v. Girish Sriram Juneja...
    IndiaAntitrust/Competition Law
    Argus Partners
    Argus Partners
  • Article

    Interplay Between Liquidation Proceedings Under IBC And Section 230 Of The Companies Act

    Recently, the Supreme Court in the decision of Arun Kumar Jagatramka v. Jindal Steel and Power Ltd. & Anr1 ("Arun Kumar Decision")
    IndiaCorporate/Commercial Law
    Obhan Mason
    Obhan Mason
  • Article

    Mechanism To Close-Down The Business Of Companies Through Legislature

    Winding up of a company means closing of the company by realising its assets, paying off creditors' dues and distribution of the remaining assets to the Shareholders through a Liquidator as per the procedure.
    IndiaCorporate/Commercial Law
    S&A Law Offices
    S&A Law Offices
  • Article

    NCLAT: 90 Days' Time Limit For Payment Of Sale Consideration In A Liquidation Auction, Is Mandatory And Non-Extendable

    On April 21, 2023, the National Company Law Appellate Tribunal, New Delhi ("NCLAT") gave its decision in the case of ASJ Finsolutions Private Limited v. Best Foods Limited...
    IndiaCorporate/Commercial Law
    Argus Partners
    Argus Partners
  • Article

    NCLT Bengaluru Refuses To Sanction Amalgamation; Flags Tax Non-compliance, Creditor Opposition And Insolvency Exposure

    The Bengaluru Bench of the National Company Law Tribunal has declined to approve a proposed merger involving four real estate companies under the same promoter group. The decision raises important questions about the requirements and standards for corporate amalgamation schemes under the Companies Act, 2013.
    IndiaCorporate/Commercial Law
    Aurtus Consulting LLP
    Aurtus Consulting LLP
  • Article

    Supreme Court Analyzes Validity Of Company Court' Discretion To Transfer Cases ‘Post-Admission Of Winding Up Petitions' To NCLT

    In a recent judgment , the Supreme Court of India ("Supreme Court") held that even after admission of a winding up petition, and after appointment of an official liquidator...
    IndiaCorporate/Commercial Law
    Phoenix Legal
    Phoenix Legal
  • Article

    The Rise Of Distressed Asset M&A: Legal Lessons From The Jet Airways Resolution And Beyond

    There has been an enormous shift in the landscape of mergers and acquisitions (M&A) in India in the last decade, not only due to strategic corporate expansion but also due to the opportunities of distressed assets.
    IndiaCorporate/Commercial Law
    Khurana & Khurana, Advocates and IP Attorneys
    Khurana & Khurana, Advocates and IP Attorneys
  • Article

    RBI Prescribes Prudential Norms For Specified Non-Financial Assets

    On 16 July 2026, the Reserve Bank of India issued amendment directions to the Reserve Bank of India (Commercial Banks - Resolution of Stressed Assets) Directions, 2025 (Directions) applicable to commercial banks, small finance banks, urban co-operative banks, rural co-operative banks, regional rural banks, local area banks, non-banking financial companies and All India Financial Institutions (collectively, the Regulated Entities).
    IndiaFinance and Banking
    Khaitan & Co.
    Khaitan & Co.
  • Showing 821–840 of 2111 results

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