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  • Article

    NCLAT Disapproves Committee Of Creditors' Approval Of ‘Success Fee' To Be Paid To Resolution Professional As Part Of CIRP Costs

    In Jayesh N. Sanghrajka, Erstwhile R.P. of Ariisto Developers Pvt. Ltd. v. The Monitoring Agency nominated by the Committee of Creditors of Ariisto Developers Pvt. Ltd...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    VGC Law Firm
    VGC Law Firm
  • Article

    Fiduciary Relationship Between Complainant And Accused Does Not Affect The Presumption Raised Under Section 139 Of NI Act: Supreme Court's Decision In Bir Singh v. Mukesh Kumar

    The respondent approached the appellate court and the appellate court, though confirming the conviction and compensation amount, reduced the imprisonment from one year to six months.
    IndiaFinance and Banking
    VGC Law Firm
    VGC Law Firm
  • Article

    Supreme Court: Secured Creditor Cannot Insist On Receiving Higher Amount In The Resolution Plan Based On Value Of Security Interest

    The Supreme Court of India, in its judgment in India Resurgence Arc Pvt. Ltd. v. M/S Amit Metaliks Ltd has held that the Secured Creditors cannot challenge Resolution Plan ...
    IndiaCorporate/Commercial Law
    VGC Law Firm
    VGC Law Firm
  • Article

    Supreme Court Holds In Vidarbha Industries Power Limited v. Axis Bank Limited That Section 7(5)(a) Of IBC Is Discretionary

    In Vidarbha Industries Power Limited v. Axis Bank Limited, the Supreme Court, inter alia, held that Section 7(5)(a) of the Insolvency and Bankruptcy Code confers discretionary power on the Adjudicating Authority to admit an application of a financial creditor.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    VGC Law Firm
    VGC Law Firm
  • Article

    Supreme Court : A Creditor Won't Be A Financial Creditor Merely On The Strength Of A Pledge Agreement And Deed Of Undertaking As The Corporate Debtor Never Promised To Discharge The Liability Of Borrower

    In Phoenix ARC Pvt. Ltd. v. Ketulbhai Ramubhai Patel , an appeal came up before the Supreme Court under Section 62 of the Insolvency and Bankruptcy Code, 2016 ("Code").
    IndiaFinance and Banking
    VGC Law Firm
    VGC Law Firm
  • Article

    Liability Of Guarantors After Approval Of Resolution Plan Under The Insolvency And Bankruptcy Code, 2016

    There have been a number of cases where the issue of rights of a creditor against a guarantor (corporate as well as individual) under the Insolvency and Bankruptcy Code, 2016 have been raised.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    VGC Law Firm
    VGC Law Firm
  • Article

    Withdrawal Of Application Under The Insolvency And Bankruptcy Code, 2016

    Thus, the Supreme Court did not explicitly strike down Regulation 30A, but construed it be directory in terms of the facts of each case.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    VGC Law Firm
    VGC Law Firm
  • Article

    NCLAT Holds Lease Rentals As ‘Operational Debt'

    Recently, in Anup Sushil Dubey v. National Agriculture Co-operative Marketing Federation of India Ltd, the NCLAT dealt with the issue "Can lease rentals arising out of use and occupation...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    VGC Law Firm
    VGC Law Firm
  • Article

    NCLAT Affirms Admission Of Insolvency Petition Against The Corporate Guarantor Of A Sole Proprietorship Firm

    Recently, the Appellate Authority (NCLAT) in the matter of Laxmi Pat Surana v. Union Bank of India & Ors. has held that an application under Insolvency and Bankruptcy Code, 2016 (‘I&B Code') is ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    VGC Law Firm
    VGC Law Firm
  • Article

    Suspended Board Of Directors Entitled To Copy Of The Resolution Plan

    Aggrieved by the aforesaid order, an appeal was filed before the Supreme Court.
    IndiaCorporate/Commercial Law
    VGC Law Firm
    VGC Law Firm
  • Article

    Recent Decision Of Supreme Court Of India On Exclusion Of Time-Period In Corporate Insolvency Resolution Process In State Bank Of India v. M/s. Manibhadra Polycot & Ors.

    On August 9, 2019, in State Bank of India v. M/s. Manibhadra Polycot & Ors., Civil Appeal Nos. 4656-4657 of 2019, the Supreme Court has set aside an order passed by the National Company Law Appellate Tribunal ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    VGC Law Firm
    VGC Law Firm
  • Article

    IBBI's Clarification With Reference To Regulations 18, 19 And 21 Of The CIRP Regulations On ‘Consideration Of Matters / Issues By The Committee Of Creditors On Request By Its Members'

    The Insolvency and Bankruptcy Board of India (IBBI) has issued a clarification bearing reference No.: IBBI/CIRP/2021 dated April 16, 2021
    IndiaInsolvency/Bankruptcy/Re-Structuring
    VGC Law Firm
    VGC Law Firm
  • Article

    Decriminalising The Offence Of Dishonour Of Cheque: Why Not Desirable?

    We are, therefore, making this Comment to justify keeping the above provision and why the said offence should not be decriminalised.
    IndiaFinance and Banking
    VGC Law Firm
    VGC Law Firm
  • Article

    Highlights Of The Consumer Protection Bill 2018

    Globalisation, increase in trade, emergence of new modes of dealings and supplies and e-commerce have created new options and opportunities for consumers.
    IndiaConsumer Protection
    VGC Law Firm
    VGC Law Firm
  • Article

    Computation Of Time Period Of Corporate Insolvency Resolution Process

    The Insolvency and Bankruptcy Code, 2016 in its Section 12 provides that the corporate insolvency resolution process shall be completed within a period of 180 days from the date of admission of the application to initiate such process.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    VGC Law Firm
    VGC Law Firm
  • Article

    Revised Framework By The Reserve Bank Of India For Resolution Of Stressed Assets

    The RBI in exercise of its powers under the Banking Regulation Act, 1949 and the Reserve Bank of India Act, 1934 on 12th February, 2018 brought in a revised framework for resolution of stressed assets to overhaul the existing framework, ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    VGC Law Firm
    VGC Law Firm
  • 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

    A Brief Note On Kerala High Court's Recent Clarification On Application Of Statutory Presumption Under Section 29 Of POCSO Act In Bail Matters

    Recently, while dealing with an anticipatory bail application filed under Section 438 of the Code of Criminal Procedure, the Kerala High Court has, in Joy V.S v. State of Kerala B.A No. 8741 of 2018 (decided on March 5, 2019) ...
    IndiaCriminal Law
    VGC Law Firm
    VGC Law Firm
  • 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
  • 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

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