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  • Article

    Recent Amendments Made In The Specific Relief Act – A Brief Overview

    There have been some changes in the civil dispute resolution practice area through the Specific Relief (Amendment) Act, 2018 which has made some important amendments to the Specific Relief Act, 1963.
    IndiaCorporate/Commercial Law
    VGC Law Firm
    VGC Law Firm
  • Article

    Banker's Right To Lien Under Section 171 Of Indian Contract Act

    Lien is a right of possession of property or goods by a person who is due for payment of any kind.
    IndiaCorporate/Commercial Law
    VGC Law Firm
    VGC Law Firm
  • Article

    Order Of Appointment Of Liquidator Will Not Create Any Bar On The Applicability Of The Insolvency And Bankruptcy Code, 2016 : NCLT

    The account of the corporate debtor was declared as Non-Performing Asset on 31.12.2013.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    VGC Law Firm
    VGC Law Firm
  • 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Affirms NCLAT's Observations That A Resolution Plan Once Allowed By Committee Of Creditors Should Not Be Allowed To Be Withdrawn Or Modified By The Resolution Applicant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

    Can An Interim Resolution Professional Or The Resolution Professional Reject Time-barred Claims In A Corporate Insolvency Resolution Process?

    An interesting issue keeps arising in relation to the powers of an Interim Resolution Professional or a Resolution Professional to reject time-barred claims of different creditors whose debt is owed by the Corporate Debtor.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    VGC Law Firm
    VGC Law Firm
  • Article

    Insolvency Update: Supreme Court Of India Rejects NCLAT's Observations On Discriminatory Treatment To Financial Creditor

    In the present case, it is noticeable that no doubt, Hero was provided with 32.34% of its admitted claim as it has dissented with the plan.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    VGC Law Firm
    VGC Law Firm
  • Article

    IBBI's Communication In Relation To Deposit Of Unclaimed Proceeds Relating To Liquidation And Voluntary Liquidation Processes

    IBBI has recently circulated to all the Insolvency Professionals and other service providers in relation to Deposit of Unclaimed Proceeds relating to Liquidation and Voluntary Liquidation Processes.
    IndiaFinance and Banking
    VGC Law Firm
    VGC Law Firm
  • Article

    Recent Amendments In The IBBI (Liquidation Process) Regulations, 2016 And The IBBI (Voluntary Liquidation Process) Regulations, 2017

    On 6th January, 2020, the Insolvency and Bankruptcy Board of India ("IBBI"/ "Board") notified the Insolvency and Bankruptcy Board of India (Liquidation Process) (Amendment) Regulations, 2020.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    VGC Law Firm
    VGC Law Firm
  • Article

    NCLAT: Resolution Professional Cannot Enhance Claim Of A Financial Creditor By Clubbing Loan Given To Sister Concerns Of The Corporate Debtor

    Recently, the Appellate Authority (NCLAT, Principal Bench, New Delhi) in the matter of Bimalesh Bhardwaj & Ors. vs. Value Infratech India Pvt. Ltd. & Ors. allowed an appeal in favour of the Appellants...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    VGC Law Firm
    VGC Law Firm
  • Article

    Winding-Up Petition Can Be Filed By The Secured Creditor Even After Obtaining Decree From The Debts Recovery Tribunal: Supreme Court

    The DRT admitted the said applications and passed a decree in favor of the bank.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    VGC Law Firm
    VGC Law Firm
  • Article

    NCLAT Makes Observations On Requirement Of Pleadings While Upholding The Benefit Of Section 18 Of Limitation Act To The Financial Creditor

    Recently, the NCLAT, Principal Bench, in the matter of Vivek Malik v. Punjab National Bank & Anr held that the Application filed under Section 7 of the Insolvency and Bankruptcy Code will not be time-barred if the application ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    VGC Law Firm
    VGC Law Firm
  • Article

    NCLT Denies Monitoring Agency's Claim To Margin Money Deposited To Secure Bank Guarantees Issued For Corporate Debtor

    Recently, the NCLT, New Delhi on the application filed on behalf of Monitoring Committee (formed pursuant to approval of Resolution Plan) of Anush Finlease & Construction Pvt. Ltd. (Corporate Debtor) in the matter of ...
    IndiaCorporate/Commercial Law
    VGC Law Firm
    VGC Law Firm
  • Article

    Cross-Border Insolvency: Understanding Centre Of Main Interest (COMI)

    Cross Border Insolvency denotes circumstances when a Corporate Debtor has one or more foreign assets or liabilities situated outside the country where it has been incorporated.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    VGC Law Firm
    VGC Law Firm
  • Article

    Pre-Packaged Insolvency Resolution Process Under The Insolvency And Bankruptcy Code

    In the past one year, the impact of Covid-19 pandemic has been severely stressful on the Indian economy.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    VGC Law Firm
    VGC Law Firm
  • Article

    Objections Raised By Corporate Debtors To Applications Filed Under Section 7 Of The Insolvency And Bankruptcy Code, 2016

    The default referred to herein above is in respect of a financial debt owed to any financial creditor.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    VGC Law Firm
    VGC Law Firm
  • Article

    Consumer Protection Act, 2019: Key Takeaways

    The Consumer Protection Act, 1986 is repealed after three decades and replaced by the Consumer Protection Act, 2019. The Consumer Protection Act, 2019 has been enacted with a view...
    IndiaConsumer Protection
    VGC Law Firm
    VGC Law Firm
  • Article

    Insolvency And Bankruptcy Laws: Key Developments

    The following are the key developments including some recent case-laws in the insolvency and bankruptcy law in India i.e. the Insolvency and Bankruptcy Code :
    IndiaInsolvency/Bankruptcy/Re-Structuring
    VGC Law Firm
    VGC Law Firm
  • Article

    Model Tenancy Act: A Brief Overview

    The Union Cabinet has approved the draft Model Tenancy Act in 2021 which was drafted by the Ministry of Housing and Urban Affairs in 2020.
    IndiaReal Estate and Construction
    VGC Law Firm
    VGC Law Firm
  • Article

    The Financial Resolution And Deposit Insurance Bill, 2017 – Key Highlights And Issues

    Presently in India there is a systemic vacuum which exists with regard to bankruptcy situations in financial firms.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    VGC Law Firm
    VGC Law Firm
  • Article

    Insolvency Laws: Supreme Court Sets Aside NCLAT's Majority Judgment In V Padmakumar

    In the last one month, the Supreme Court has rendered three judgments that have settled the issue of applicability of statutory principles of the law of limitation on the proceedings initiated under the...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    VGC Law Firm
    VGC Law Firm

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