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Article
NCLT: In Absence Of Charge Being Registered, A Lender Cannot Be Treated As A Secured Financial Creditor.
The Applicant also submitted that the State Bank of India issued a no objection certificate in favour of the Applicant with respect to the aforesaid charge.
IndiaCorporate/Commercial Law
Dhaval Vussonji & Associates
Article
Recent Developments In India's Corporate & Commercial Laws
The November 2024 edition of Fox & Mandal's newsletter highlights recent developments in India's corporate, insolvency, capital markets, real estate, and banking sectors. In this edition, we examine RBI's guidelines to simplify conversion of FPI to FDI, IBBI's proposals to streamline the real estate insolvency process, SEBI's proposed revisions to the corporate governance framework for HVDLEs, and other legal and regulatory changes in corporate & commercial laws and their business impact.
IndiaCorporate/Commercial Law

Fox & Mandal

"Restoring The Past: The Critical Step To Initiate CIRP Against A Struck-Off Company"

When it comes to corporate law and bankruptcy, the fate of a liquidated company appears predetermined.

IndiaCorporate/Commercial Law

Khurana & Khurana, Advocates and IP Attorneys

Supreme Court On The Rights Of Suspended Board In Vijay Kumar Jain V. Standard Chartered Bank: Some Implications

Upon commencement of the resolution process under the Insolvency and Bankruptcy Code, 2016 (Code), powers of the Board of Directors of the company stand suspended ...

IndiaCorporate/Commercial Law

Cyril Amarchand Mangaldas

‘Fraud Allegations' Within The Jurisdiction Of NCLT; Public Law Beyond Its Realm, Rules Supreme Court!

Aggrieved and dissatisfied by the aforesaid orders of NCLT, Chennai, the Government of Karnataka invoked writ jurisdiction of the High Court of Karnataka.

IndiaCriminal Law

King, Stubb & Kasiva

Amendment To The Liquidation Process: Tightening Of Norms

On January 6, 2020, the IBBI notified the Insolvency and Bankruptcy Board of India (Liquidation Process) (Amendment) Regulations, 2020 to further amend the Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016.

IndiaInsolvency/Bankruptcy/Re-Structuring

Banks To Lead Resolution Efforts – The New RBI Framework For Resolution Of Stressed Assets

The Reserve Bank of India ("RBI") has issued the Reserve Bank of India Directions, 2019 on June 07, 2019[1] in which the RBI has continued the core principles of its circular dated February 12, 2018...

IndiaInsolvency/Bankruptcy/Re-Structuring

Cyril Amarchand Mangaldas

Between The Lines...April 2022

The Bombay High Court ("BHC") has in the judgement dated February 28, 2022 ("Judgement"), in the matter of Pigments and Allieds v. Carboline

IndiaInsolvency/Bankruptcy/Re-Structuring

Vaish Associates Advocates

Claiming Damages? Don't Go Under IBC, Says NCLT

NCLT Imposes penalty on the Petitioner for attempting to initiate CIRP based on incorrect facts and false information

IndiaInsolvency/Bankruptcy/Re-Structuring

Nishith Desai Associates

Corporate Insolvency Resolution Process Can Be Initiated Separately And Simultaneously Against A Corporate Debtor And A Corporate Guarantor For The Same Debt And Same Default

In the case of BRS Ventures Investments Ltd. vs. SREI Infrastructure Finance Ltd. & Anr., the Hon'ble Supreme Court of India ("Supreme Court") held that simultaneous insolvency proceedings...

IndiaInsolvency/Bankruptcy/Re-Structuring

JSA Advocates & Solicitors

Default Under Insolvency & Bankruptcy Code, 2016

Insolvency and Bankruptcy Code, 2016 (hereinafter, ‘the Code') has been envisaged as a tool to assist debt laden companies to clear their dues and start afresh after undergoing the process of revival.

IndiaInsolvency/Bankruptcy/Re-Structuring

S&A Law Offices

Delhi High Court Lays Down Comprehensive Principles Governing Look Out Circulars (LOC); Holds Mere Loan Defaults Cannot Justify Travel Restrictions And Grants Relief To Persons Cooperating With Investigation

The Court emphatically reiterated that LOCs cannot be permitted to operate as coercive debt recovery mechanisms at the instance of banks and financial institutions, particularly in cases where no criminal proceedings involving fraud, siphoning of funds, diversion of money, or serious economic offences are pending.

IndiaInsolvency/Bankruptcy/Re-Structuring

Vaish Associates Advocates

Departure From The Default-Based Test: A Hotbed Of Anomalies

The rationale behind the stress on the occurrence of default as the triggering point of CIRP can be understood from the notes on clauses as appended to The Insolvency and Bankruptcy Code...

IndiaInsolvency/Bankruptcy/Re-Structuring

Karanjawala & Company

DMD Advocates' Newsletter - Special Edition On Insolvency And Bankruptcy Code - June 2019

It gives us immense pleasure to circulate this special edition of DMD Advocates' Newsletter focusing on recent developments in the Insolvency and Bankruptcy law in India.

IndiaInsolvency/Bankruptcy/Re-Structuring

DMD® Advocates

Equal Treatment Of Secured Creditors: A Proposed Change & Analysis Of Where Operational Creditors Stand

In a discussion paper, the Ministry of Corporate Affairs suggests revising Section 53 of the IBC to ensure that all unsecured creditors, including FCs, OCs, and the government, receive equitable treatment.

IndiaInsolvency/Bankruptcy/Re-Structuring

Khurana & Khurana, Advocates and IP Attorneys

Financial Creditors vs. Operational Creditors: Supremacy Decided By The Supreme Court In Essar Judgment

The case between CoC of Essar Steel v. Satish Kumar Gupta, in a series of petitions filed in the apex court finally paved way for its final verdict on November 15, 2019.

IndiaInsolvency/Bankruptcy/Re-Structuring

Vaish Associates Advocates

IBBI Amends CIRP Regulations And Fast Track Regulations

The Insolvency and Bankruptcy Board of India amended regulations regarding Corporate Insolvency Resolution Process wherein it has stated that the resolution plans with respect to Section 30...

IndiaInsolvency/Bankruptcy/Re-Structuring

S.S. Rana & Co.

IBC - NCLAT Fornightly Summary (January 16, 2024 – January 31, 2024)

The following is a snapshot of the important orders passed by the National Company Law Appellate Tribunal ("NCLAT"), under the Insolvency and Bankruptcy Code, 2016 ...

IndiaInsolvency/Bankruptcy/Re-Structuring

IBC - NCLAT Fornightly Summary (November 16, 2023 – November 30, 2023)

The following is a snapshot of the important orders passed by the National Company Law Appellate Tribunal ("NCLAT"), under the Insolvency and Bankruptcy Code, 2016 ...

IndiaInsolvency/Bankruptcy/Re-Structuring

If The Appellant Had Approached Appropriate Forum For Appropriate Remedy In Time With Continuous Cause Of Action, Then The Claim Is Not Barred By Limitation

In this case a winding up petition was filed before the Madras High Court as the Appellant had outstanding dues against the services provided by the Respondent.

IndiaInsolvency/Bankruptcy/Re-Structuring

Showing 921–940 of 2111 results

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