madras high court
Case BriefsHigh Courts

“Regulations and Byelaws framed under Section 204 IBC clearly provide checks and balances. Therefore, it cannot be said to be confirmation of excessive or unbridled power”

Hot Off The PressNews

“IBC does not suffer from any manifest arbitrariness to violate Article 14 of the Constitution”

absolute or unfettered discretion
Case BriefsSupreme Court

Supreme Court said that the mere expectation of the Liquidator that a still higher price may be obtained can be no good ground to cancel an otherwise valid auction and go for another round of auction.

ordinary course of business
OP. ED.SCC Journal Section Archives

by Sriram Venkatavaradan and Saai Sudharsan Sathiyamoorthy†

Case BriefsSupreme Court

Supreme Court held that the period of suspension of legal proceedings is excludable in computing the period of limitation for the enforcement of such right in terms of Section 22(5), SICA. Further, the dismissal of the application under Section 9, IBC on the ground of ‘pre-existing dispute’ cannot be held to be patently illegal or perverse.

Delhi High Court
Case BriefsHigh Courts

In the instant case, the Directorate of Revenue Intelligence neither submitted proof of claim nor responded to a specific communication via an e-mail addressed to Senior Intelligence Officer. This is a case where despite knowledge, the statutory authorities chose not to submit their proof of claim.

Case BriefsSupreme Court

Supreme Court upheld the NCLT order that the provident fund, pension fund and gratuity fund are not part of the liquidation estate, for distribution under Section 53 of the IBC and the same has to be paid to the employees under the stated heads.

Free for All
Op EdsOP. ED.

by K. Vaitheeswaran*

Allahabad High Court
Case BriefsHigh Courts

Allahabad High Court said that challenge to demand notice for electricity dues, issued jointly in name of Directors of the insolvent company cannot be sustained on the ground that liabilities of guarantor stood automatically discharged on acceptance of Resolution Plan.

Bombay High Court
Case BriefsHigh Courts

    Bombay High Court: While hearing a challenge to the Government Notification dated 04/10/2022 changing the jurisdiction of Dept Recovery Tribunals

competitive exam
Case BriefsHigh Courts

An order of attachment when made under the PMLA does not result in the corporate debtor or the Resolution Professional facing a fait accompli.

Delhi High Court
Case BriefsHigh Courts

Delhi High Court: In two separate suits filed seeking recovery of amount from the defendants, being ex- promoters and personal guarantors of

IBBI
Legislation UpdatesRules & Regulations

    The Insolvency and Bankruptcy Board of India has notified Insolvency and Bankruptcy Board of India (Insolvency Professionals) (Second Amendment) Regulations,

NCLAT
Case BriefsTribunals/Commissions/Regulatory Bodies

    National Company Law Appellate Tribunal, Delhi: The Bench of Anant Bijay Singh, J., Judicial Member, and Shreesha Merla, Technical Member,

IBBI
Legislation UpdatesRules & Regulations

On 14th June, 2022, Insolvency and Bankruptcy Board of India notifies Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate

Experts CornerKhaitan & Co

by Rahul Chakraborti†, Prashamsha Tulachan†† and Saumya Agarwal†††
Cite as: 2022 SCC OnLine Blog Exp 27

Akaant MittalExperts Corner

by Akaant Kumar Mittal† and Lavanya Jha††

Cite as: 2021 SCC OnLine Blog Exp 51

Op EdsOP. ED.

by Kumari Saloni*

Akaant MittalExperts Corner

by Akaant Kumar Mittal†
Cite as: 2021 SCC OnLine Blog Exp 33

Case BriefsSupreme Court

“On the date of approval of resolution plan by the Adjudicating Authority, all such claims, which are not a part of resolution plan, shall stand extinguished. “