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  • Article

    Shareholders Cannot Step Into Director's Shoes: Held NCLAT

    In a significant ruling, the National Company Law Appellate Tribunal (NCLAT), Chennai Bench while deciding IA Nos. 1293 and 1295 of 2024 in Company Appeal (AT) (CH) (Ins) No. 129/2024 vide order dated March 7, 2025 held that the shareholders cannot be substituted in place of the suspended director.
    IndiaCorporate/Commercial Law
    AJA Legal
    AJA Legal
  • Article

    Commercial Wisdom Of Committee Of Creditors (CoC): Can The CoC Resolve To Sink A Sailing Ship Under The Insolvency And Bankruptcy Code, 2016?

    The Single Bench of Hon'ble National Company Law Tribunal, Mumbai bench in the matter of State Bank of India v. Ushdev International Limited (CP No.1790/IBC/NCLT/MB/MAH/2017) decided on the following issues, ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    AJA Legal
    AJA Legal
  • Article

    The Scope Of Interim Moratorium Under Section 96 Of The Code Is Limited, Clarifies SC

    In the recent judgment of Hon'ble Supreme Court ("SC") in Saranga Anilkumar Aggarwal Versus Bhavesh Dhirajlal Sheth & Others. , SC dealt with a legal proposition concerning whether execution proceedings under Section 27 of the Consumer Protection Act, 1986 ("CP Act").
    IndiaConsumer Protection
    AJA Legal
    AJA Legal
  • Article

    Does The Commercial Wisdom Of Committee Of Creditors Under The Insolvency And Bankruptcy Code, 2016 Trump The Liquidation Value: Supreme Court Of India Decides

    The Full Bench of the Hon'ble Supreme Court of India comprising of Mr. Justice R.F. Nariman, Mr. Justice Aniruddha Bose, and Mr. Justice V. Ramasubramanian in M/s. Maharashtra Seamless Limited v. Padmanabhan Venkatesh & Ors. ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    AJA Legal
    AJA Legal
  • Article

    Supreme Court Of India Ruling In M/s. Embassy Property Developments Pvt. Ltd. Vis-à-Vis Insolvency And Bankruptcy Code (Amendment) Ordinance, 2019

    On the second issue, the Supreme Court held that NCLT and NCLAT have the jurisdiction to enquire into questions of fraud in light of Sections 65 and 69 of IBC.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    AJA Legal
    AJA Legal
  • Article

    Right Of Redemption Extinguishes Upon The Publication Of The Sale Notice Under Sarfaesi Act; Clarifies Supreme Court

    The Hon'ble Supreme Court of India, in its judgment dated December 10, 2024, in Sanjay Sharma v. Kotak Mahindra Bank Ltd., provided a significant interpretation of a right of redemption of the property under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
    IndiaLitigation, Mediation & Arbitration
    AJA Legal
    AJA Legal
  • Article

    No Surprise Tax Demands After Approval Of Resolution Plan - Rules Supreme Court

    In a recent judgment delivered on March 20, 2025, the Hon'ble Supreme Court of India (Supreme Court / Court), in the case of Vaibhav Goel & Anr. vs. Deputy Commissioner of Income Tax & Anr., held that Income Tax dues not included in an approved Resolution Plan under the Insolvency and Bankruptcy Code, 2016 (Code) stand extinguished.
    IndiaTax
    AJA Legal
    AJA Legal
  • Article

    CIRP Amendment 2025: A Ray Of Hope For The Homebuyers In Distress

    The Insolvency and Bankruptcy Code, 2016 ("Code"), since its inception, has undergone significant reforms to address sector-specific issues and improve the efficiency of the resolution of insolvency.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    AJA Legal
    AJA Legal
  • Article

    Supreme Court Decides: Delayed CIRP Or Timely Liquidation- Which Is The Better Option?

    In a significant recent judgment, the Supreme Court of India ordered the liquidation of Jet Airways (India) Limited, under the Insolvency and Bankruptcy Code, 2016 (IBC/Code).
    IndiaInsolvency/Bankruptcy/Re-Structuring
    AJA Legal
    AJA Legal
  • Article

    Constitutional Validity Of Proviso To Section 167(1)(a) Of The Companies Act 2013 Upheld

    The Division Bench of the Hon'ble Madras High Court in G. Vasudevan, vide judgment dated December 2, 2019, adjudicated and decided upon the constitutionality of proviso to Section 167(1)(a), ...
    IndiaCorporate/Commercial Law
    AJA Legal
    AJA Legal
  • Article

    No Room For Delay: NCLAT Affirms Resolution Plan Finality

    The maxim "Vigilantibus non dormientibus iura subveniunt", means law aids the vigilant and not the indolent. In other words, the law comes to the assistance of those who are vigilant with their rights, and not those who sleep on their rights.
    IndiaLitigation, Mediation & Arbitration
    AJA Legal
    AJA Legal
  • Article

    A Document's Title Alone Cannot Define Its True Nature, Clarifies Supreme Court

    The Insolvency and Bankruptcy Code, 2016 ("Code") has been a cornerstone of India's restructuring framework, yet its evolving nature often leaves room for judicial interpretation.
    IndiaCorporate/Commercial Law
    AJA Legal
    AJA Legal
  • Article

    Decoding Regulation 39(1A) Of Cirp Regulation

    Regulation 39(1A) of CIRP Regulations permits limited modifications and competitive improvements to resolution plans. Courts affirm the Committee of Creditors' (CoC) discretion to negotiate and enhance financial proposals, emphasizing the CoC's commercial wisdom and the objective of maximizing debtor value while adhering to resolution timelines.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    AJA Legal
    AJA Legal
  • Article

    Substitution Of SRA: Guardrails In IBC

    The Insolvency and Bankruptcy Code, 2016 (Code) of India was enacted with the primary objective of resolving insolvency in a time-bound manner...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    AJA Legal
    AJA Legal
  • Article

    Protecting Dreams, Not Profits: Supreme Court's Clarification On Homebuyers And Speculative Investors

    The Insolvency and Bankruptcy Code, 2016 (Code) is often described as one of India's most significant economic legislation, ushering systemic reforms over the last decade. It is designed to resolve insolvency...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    AJA Legal
    AJA Legal
  • Article

    Reshaping The Role Of The Resolution Professionals In India's Evolving Insolvency Framework

    The Insolvency and Bankruptcy Code, 2016 introduced a paradigm shift in India's insolvency regime by establishing a structured framework, offering a structured path for resolving distressed assets.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    AJA Legal
    AJA Legal
  • Article

    HC Intervention In Rolta – One Step Forward, Two Steps Back?

    The Division Bench of the Hon'ble Bombay High Court in Kamal K Singh v. Union of India and Ors. (WP(L) 3250 of 2019), vide judgment dated November 29, 2019, decided on the following issues: -
    IndiaCorporate/Commercial Law
    AJA Legal
    AJA Legal
  • Article

    Supreme Court Affirms Maintainability Of Joint Section 7 Petition Against Interlinked Corporate Debtors In A Composite Real Estate Project

    In the instant case, an application was preferred by 141 petitioners against two interlinked corporate debtors, namely Grand Venezia Commercial Towers Private Limited ("GVCTPL") and Bhasin Infotech and Infrastructure Private Limited ("BIIPL") (collectively referred to as the "Corporate Debtors").
    IndiaCorporate/Commercial Law
    AJA Legal
    AJA Legal
  • Article

    Withdrawal Of A CIRP Under Section 12A Of The Code: SC Reins In Discretionary Powers Of NCLAT

    In the case of GLAS Trust Company LLC vs. BYJU Raveendran & Ors., the Hon'ble Supreme Court (SC/Court) delivered a significant judgment clarifying key aspects of the Insolvency and Bankruptcy Code, 2016 (IBC/Code).
    IndiaCorporate/Commercial Law
    AJA Legal
    AJA Legal
  • Article

    Pendulum Of Limitation Act: Initiation Of Insolvency Proceedings Under The Insolvency And Bankruptcy Code, 2016

    Applicability of provisions of Limitation Act, 1963 to the applications filed for initiation of corporate insolvency resolution process under Part II of the Insolvency & Bankruptcy Code, 2016 has been a controversial issue ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    AJA Legal
    AJA Legal

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