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  • Article

    From Liquidation To Litigation: What Happens When A Resolution Plan Collapses?

    In the fallout of the Supreme Court's Bhushan Steel ruling, a quiet anxiety has gripped resolution applicants, creditors, and legal counsel alike.
    IndiaLitigation, Mediation & Arbitration
    Agama Law Associates
    Agama Law Associates
  • Article

    Vishnoo Mittal vs. Shakti Trading Company {Criminal Appeal No. Of 2025 @ Special Leave Petition (Crl.) No.1104 Of 2022}: Supreme Court Judgment Analysis

    The Hon'ble Supreme Court, in a recent decision dated 17.03.2025, ruled in favor of Vishnoo Mittal (Appellant), overturning the decision of the Single Judge of Punjab and Haryana High Court, wherein the Single Judge had dismissed the Appellant's petition ...
    IndiaLitigation, Mediation & Arbitration
S&A Law Offices
S&A Law Offices
  • Article

    India's Aviation Sector: Balancing Leasing And Insolvency

    The National Company Law Tribunal (NCLT) recently gave its nod for the liquidation of Go First Airways.
    IndiaTransport
    Khurana & Khurana, Advocates and IP Attorneys
    Khurana & Khurana, Advocates and IP Attorneys
  • Article

    Clarity For Third Party Assets In Indian Insolvency – Clarity For Securitisation?

    This article summarizes the impact of the FSP Third Party Assets Notification on securitisation or direct assignment transactions where an assignor acts as servicer or collection agent for assigned receivables.
    IndiaFinance and Banking
    ZBA
    ZBA
  • Article

    Composition Of Committee Of Creditors Under The IBC – A Comparative Study

    In our earlier article titled, "Homebuyers now Financial Creditors: Too many cooks spoil the resolution process?", we analysed the impact of the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2018, ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Dhaval Vussonji & Associates
    Dhaval Vussonji & Associates
  • Article

    Ebix Judgment: Supreme Court Affirms NCLAT's Observations That A Resolution Plan Once Allowed By Committee Of Creditors Should Not Be Allowed To Be Withdrawn Or Modified By The Resolution Applicant

    In Ebix Singapore Private Limited v. Committee of Creditors of Educomp Solutions Limited & Anr., the Supreme Court considered some of the aspects of the Insolvency and Bankruptcy Code ("Code/IBC").
    IndiaInsolvency/Bankruptcy/Re-Structuring
    VGC Law Firm
    VGC Law Firm
  • Article

    Five Years Of Insolvency And Bankruptcy Code: A Promising Journey

    To meet the standards of other mature global jurisdictions, India's insolvency regime has a long way to go.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Phoenix Legal
    Phoenix Legal
  • Article

    Hon'ble Supreme Court Upholds Constitutionality Of Section 95 To Section 100 Of The Ibc Relating To Personal Guarantors

    On 9 November 2023, a three-judge bench of the Hon'ble Supreme Court comprising of the Hon'ble Chief Justice of India DY Chandrachud...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    CMS INDUSLAW
    CMS INDUSLAW
  • Article

    IBBI (Liquidation Process) (Amendment) Regulations, 2024 - A Greater Role For The Stakeholders' Consultation Committee

    The IBBI recently notified certain critical amendments to the IBBI (Liquidation Process) Regulations, 2016, which clarify the role of the stakeholders' consultation committee and aim to streamline and bring about greater transparency ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Samvad Partners
    Samvad Partners
  • Article

    Navigating Corporate Distress: An In-Depth Analysis Of Reverse Corporate Insolvency Resolution Process (CIRP) Under IBC, 2016

    Enacted in 2016, the Insolvency and Bankruptcy Code (IBC) of India introduced a transformative legal framework for managing distressed entities.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Khurana & Khurana, Advocates and IP Attorneys
    Khurana & Khurana, Advocates and IP Attorneys
  • Article

    Related By Contract: ECL Finance v. Abhinav Mukherjee

    The SC dismissed the appeals by ECL Finance Limited (“ECL”), as debenture holder and lender, and IDBI Trusteeship Services Limited (“ITSL”), as debenture trustee. It upheld the concurrent findings of the NCLT and the NCLAT that ECL was a related party of the corporate debtor under Section 5(24) of the IBC and could not form part of the committee of creditors (“CoC”).
    IndiaInsolvency/Bankruptcy/Re-Structuring
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    Admission Of A Section 7 Application Under The IBC A Trigger Point For Rendering The Dispute Non-Arbitrable: Hon'ble Supreme Court Of India

    The Hon'ble Supreme Court in its recent judgment in Indus Biotech Private Limited v. Kotak India Venture (Offshore) Fund (earlier known as Kotak India Venture Limited) & Ors. settled the debate around the arbitrability of disputes ...
    IndiaLitigation, Mediation & Arbitration
    Phoenix Legal
    Phoenix Legal
  • Article

    NCLT/NCLAT Has Power To Recall Its Orders: Five-Member NCLAT Special Bench

    A short excerpt on the recent judgment of a five-member special bench of the National Company Law Appellate Tribunal, wherein it held that the NCLAT has the power to recall its own orders on sufficient grounds...
    IndiaLitigation, Mediation & Arbitration
    CMS INDUSLAW
    CMS INDUSLAW
  • Article

    Supreme Court: Powers Under Section 482 Code Of Criminal Procedure Cannot Be Exercised To Defeat The Statutory Mandate Of The Insolvency And Bankruptcy Code

    In its recent decision of Sandeep Khaitan, Resolution Professional for National Plywood Industries Ltd. v. JVSM Plywood Industries Ltd., the Supreme Court ruled that the inherent...
    IndiaLitigation, Mediation & Arbitration
    Phoenix Legal
    Phoenix Legal
  • Article

    IBBI'S Proposal For A More Efficient Resolution Of Real Estate Insolvencies

    Considering that allottees have the most direct interest in project completion, the Discussion Paper proposes the introduction of an explanation to Regulation 36A(4)...
    IndiaReal Estate and Construction
    Khaitan & Co.
    Khaitan & Co.
  • Article

    COVID 19 | Relaxations Under Indian Insolvency Laws

    The Government of India (GOI) announced a nationwide lock down on account of Covid-19 pandemic with effect from 25 March 2020.
    IndiaCoronavirus (COVID-19)
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Clash Of The Titans: NCLAT Rules On The Interplay Between PMLA And IBC

    On 9 April 2021, NCLAT passed a landmark judgment in The Directorate of Enforcement v. Sh. Manoj Kumar Agarwal and Ors. on the interplay between the provisions of the PMLA and the IBC.
    IndiaCorporate/Commercial Law
    Phoenix Legal
    Phoenix Legal
  • Article

    Companies Fresh Start Scheme 2020- Applicability On Companies Under Corporate Insolvency Resolution Process

    The global outbreak of coronavirus (COVID-19) has resulted into various business disruptions in India, due to the lockdown and various restrictions across the country.
    IndiaCorporate/Commercial Law
    Shardul Amarchand Mangaldas & Co
    Shardul Amarchand Mangaldas & Co
  • Article

    India Update | Volume 1 Of 2021

    Q4 of FY 2020-21 witnessed a sequential month on month increase in PE/VC investment activity, from USD 1.6 billion in January 2021 to USD 4.6 billion in March 2021.
    IndiaCorporate/Commercial Law
    HSA Advocates
    HSA Advocates
  • Article

    Ineligible Promoter – All Doors Shut:

    The conundrum whether a scheme of compromise and arrangement can be proposed by the erstwhile promoter at liquidation stage, who otherwise is ineligible to participate in the resolution process under the ...
    IndiaCorporate/Commercial Law
    Luthra and Luthra Law Offices India
    Luthra and Luthra Law Offices India
  • Showing 961–980 of 2111 results

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