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  • Article

    Overriding Effect Of IBC On Drt Proceedings: The NCLAT Perspective

    Earlier, banks and financial institutions were burdened with the problem of Non-Performing Assets (NPA), which proved to be detrimental to the financial health of the institutions.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Dhir & Dhir Associates
    Dhir & Dhir Associates
  • Article

    Paradox Of Regulatory Approvals In CIRP

    The corporate insolvency resolution process has been facing several hiccups and the law has been evolving. One of the tricky issues has been the regulatory approvals required ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Vaish Associates Advocates
    Vaish Associates Advocates
Article

Personal Guarantors Now Subject To IBC: A Brief Overview Of The Insolvency Resolution Process

By a notification dated 15th November 2019, the Central Government has from the 1st of December, 2019 brought into effect Part III of the Insolvency and Bankruptcy Code, 2016 (save and except provisions dealing with ...
IndiaInsolvency/Bankruptcy/Re-Structuring
Dhaval Vussonji & Associates
Dhaval Vussonji & Associates
  • Article

    Property Dues Relating To Liquidation Period To Be Discharged By Liquidator Or Auction Purchaser Dispute Regarding Onus

    There is immense litigation initiated by auction purchasers, who are fastened with liability relating to outstanding dues of the Company in liquidation, in respect of the property / asset being put to auction by the Official Liquidator.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Ray Of Hope: The Insolvency And Bankruptcy Code (Amendment) Ordinance, 2018

    The Insolvency and Bankruptcy Code (Amendment) Ordinance, 2018 (Ordinance) has been promulgated by the President of India on June 6, 2018.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Phoenix Legal
    Phoenix Legal
  • Article

    Restructuring & Insolvency Monthly Newsletter | August 2021

    In exercise of powers conferred by Clause (t) of Sub-Section (1) of Section 196 read with Section 240 of the Insolvency and Bankruptcy Code, 2016 (IBC), the Insolvency and Bankruptcy Board of India...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    HSA Advocates
    HSA Advocates
  • Article

    Restructuring & Insolvency Monthly Update | February 2023

    Rajesh Landmark Projects Pvt Ltd (Corporate Debtor/Appellant) had issued debentures to IREP Credit Capital Pvt Ltd (Financial Creditor). On December 20, 2019, a Petition under Section 7...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    HSA Advocates
    HSA Advocates
  • Article

    [SC] CIRP Can Be Initiated Against A Person Who Acted In Dual Capacity As A Borrower And A Pledgor

    The Supreme Court has held, in Maitreya Doshi v Anand Rathi Global Finance Limited 2022 SCC OnLine SC 1276, that corporate insolvency...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Metalegal Advocates
    Metalegal Advocates
  • Article

    Section 34 Of SARFAESI Bars Pre-Emptive Injunctions: Karnataka High Court Reaffirms Statutory Ouster

    A division bench of the High Court of Karnataka, comprising the Chief Justice and Justice C.M. Poonacha, has delivered a significant ruling on the intersection of arbitration law and secured creditor enforcement...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Secured Creditor’s Failure To Disclose Security Interest In Form D: Lessons From Tata Capital Financial Services v. Sanjay Mahajan (Liquidator)

    The liquidation phase of the Insolvency and Bankruptcy Code, 2016 (IBC) imposes a structured regime upon secured creditors, requiring them to make timely and transparent elections regarding...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Summarizing The Interface Between Negotiable Instruments Act And The Insolvency Code In P. Mohanraj v Shah Brothers Ispat

    The Supreme Court of India recently pronounced the milestone judgment of P. Mohanraj V. Shah Brothers Ispat Pvt. Ltd.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Khurana & Khurana, Advocates and IP Attorneys
    Khurana & Khurana, Advocates and IP Attorneys
  • Article

    Supreme Court Affirms Piercing Of The Corporate Veil In CIRP

    In a significant ruling dated May 5, 2026, the Supreme Court of India in Alpha Corp Development Private Limited v. Greater Noida Industrial Development Authority reinforced the legal principle that a corporate debtor’s subsidiaries may not always be treated as legally distinct entities during the Corporate Insolvency Resolution Process (“CIRP”) under the Insolvency and Bankruptcy Code, 2016 (“IBC”). The Court’s reasoning was anchored not only in established doctrine but also in a pointed evaluation of the conduct of a statutory authority that failed to engage with the CIRP process in any meaningful way.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    The Conundrum Of Distribution Under IBC

    The Insolvency & Bankruptcy Code 2016 was enacted with a view to consolidate and amend the laws relating to reorganisation and insolvency resolution of corporate persons, limited liability partnerships, ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Dentons
    Dentons
  • Article

    The IBC & The Sea-Link

    As I drive across Mumbai this morning for a meeting, I cross the Sea Link.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    AZB & Partners
    AZB & Partners
  • Article

    The Insolvency Code Being Rewritten: For Better Or For Worse?

    Amendments to the Insolvency and Bankruptcy Code, 2016 have been cleared by the Cabinet.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Update: Recent Case-Laws On Insolvency And Bankruptcy Code

    We are sharing updates on some recent Indian case-laws on insolvency matters that have contributed to developing the insolvency jurisprudence.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    VGC Law Firm
    VGC Law Firm
  • Article

    Withdrawal Of CIRP Before Constitution Of CoC- India

    The Appellant, M/S Ashish Ispat Pvt Ltd., was an Operational Creditor of the Respondent Corporate Debtor, Primuss Pipes and Tubes Ltd.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    Maintainability Of Application Under Section 8 Of Arbitration & Conciliation Act, 1996 In An Insolvency Proceeding

    The Supreme Court in a recent judgment of Indus Biotech Pvt. Ltd. vs. Kotak India Venture (Offshore) Fund [AIR 2021 SC 1638] has settled an important question of law.
    IndiaLitigation, Mediation & Arbitration
    Singhania & Partners LLP
    Singhania & Partners LLP
  • Article

    Pendency Of Objections To An Arbitral Award Amounts To A Dispute For The Purposes Of Section 9 Of IBC

    KCPL came in appeal before the Supreme Court.
    IndiaLitigation, Mediation & Arbitration
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Supreme Court Holds That Enforcement Of Security Interest Is Not Permissible During Moratorium Period Under IBC

    In the said case, the Appellant Bank had extended certain credit facilities to the Corporate Debtor, however, the Corporate Debtor failed to repay the dues and the loan account of the Corporate Debtor became irregular and was declared NPA.
    IndiaLitigation, Mediation & Arbitration
    VGC Law Firm
    VGC Law Firm
  • Showing 881–900 of 2111 results

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