IBC

Case BriefsSupreme Court

Bar under Section 10A IBC on initiation of CIRP applies retrospectively; ‘March 25, 2020’ consciously added as it coincides with the imposition of National Lockdown: SC

“The onset of the Covid-19 pandemic is a cataclysmic event which has serious repercussions on the financial health of corporate enterprises.”

Op EdsOP. ED.

Analysis of the Bilateral Netting of Qualified Financial Contracts Act, 2020

by Bhavya Gupta†

Case BriefsSupreme Court

Collusive transactions with the Corporate Debtor would not constitute a ‘financial debt’ under Insolvency and Bankruptcy Code: Supreme Court

Supreme Court: The 3-judge bench of Dr. DY Chandrachud*, Indu Malhotra and Indira Banerjee, JJ has held that collusive transactions with the

Akaant MittalExperts Corner

Interplay between tax laws and IB Code during liquidation

by Akaant Kumar Mittal†

Cite as: 2021 SCC OnLine Blog Exp 5

Case BriefsSupreme Court

Upheld, albeit with directions. Why was IBC (Amendment) Act, 2020 challenged? What prompted SC to invoke Art. 142? Read comprehensive point-wise analysis of the 465-pages judgment

Supreme Court: The 3-Judge Bench of Rohinton Fali Nariman, Navin Sinha and K.M. Joseph, JJ., in a 465-pages long judgment, upheld the

Op EdsOP. ED.

Kundan Care: Should struggling businesses be handed over to unwilling resolution applicants?

by Dhruva Gandhi† & Vinodini Srinivasan‡

Case BriefsHigh Courts

Ker HC | No bar to parallel proceedings under SARFAESI Act during ongoing Corporate Insolvency Resolution Process; HC reiterates

Kerala High Court: A.M. Badar, J., while dismissing the present petition, reiterated the observations of the Supreme Court in the words, “In

Op EdsOP. ED.

Individual Insolvency under Part 3 of IBC, 2016 – Why the provisions ought to be reviewed

by Vipul Kumar*

Case BriefsSupreme Court Roundups

Supreme Court year-end roundup| From important judgments to unmissable facts and stories, here’s a comprehensive roundup of all that happened in 2020

2020 has been a year of COVID-19, challenges, and changes. Of many things that this year has taught us, one of the

Op EdsOP. ED.

Justification of Means to End: Nature of Notification under Section 4 of IBC

by Anurag Tripathi* & Naman Singh Bagga**

Legislation UpdatesNotifications

Central Govt. extends the period for suspension of initiation of Corporate Insolvency Resolution Process by 3 months

S.O. 4638(E)— In exercise of the powers conferred by Section 10A of the Insolvency and Bankruptcy Code, 2016 (31 of 2016), the

New releasesNews

An Overview of the Panel Discussion on”4 Years of IBC – The Revolution Witnessed and the Promise for Future” [Watch the Panel Discussion]

A panel discussion on  “4 Years of IBC – The Revolution Witnessed and the Promise for Future” was held on 12th December,

New releasesNews

E-launch of Akaant Mittal’s Book on Insolvency and Bankruptcy Code

On 12th December, 2020 Eastern Book Company held its first virtual book launch and panel discussion on the occasion of the release

New releasesNews

Get an insight on the interplay of IB Code with several other statutes in “Insolvency and Bankruptcy Code: Law and Practice” | Buy Your Copy Now!

by Akaant Kumar Mittal

Case BriefsTribunals/Commissions/Regulatory Bodies

NCLAT | Whether Corporate Insolvency Resolution Process can be initiated against Principal Borrower and Corporate Guarantor simultaneously for same set of debt and default? Tribunal decides

National Company Appellate Tribunal (NCLAT): The Division Bench of Justice A.I.S Cheena (Judicial Member) and V.P. Singh (Technical Member) reinforced that in the

Case BriefsTribunals/Commissions/Regulatory Bodies

NCLT | Whether Resolution Professional is under obligation to make over payment of shortfall in gratuity payable to employees? NCLT examines

National Company Law Tribunal (NCLT): The Coram of Dr Deepti Mukesh (Judicial Member) and Sumita Purkayastha (Technical Member), reiterated that any shortfall in

Op EdsOP. ED.

Winding Up v. The Insolvency and Bankruptcy Code, 2016

by Amir Arsiwala* & Ishan J Ravindranath**

Case BriefsTribunals/Commissions/Regulatory Bodies

Whether an ‘Unsuccessful Resolution Applicant’ whose Resolution Plan gets rejected by CoC has locus to question implementation of approved Resolution Plan? NCLAT thoroughly determines

National Company Law Appellate Tribunal (NCLAT): The Bench of Justice Bansi Lal Bhat (Acting Chairperson) and Justice Anant Bijay Singh (Judicial Member), Dr

Op EdsOP. ED.

Weighing the effect and need of the ‘minimum threshold’ on the home-buyers

by Pareekshit Bishnoi & Parveen Kumar Aggarwal*

Case BriefsTribunals/Commissions/Regulatory Bodies

SEBI | Fraudulent misstatements in financial statements will amount to misrepresentation /unfair trade practice under Regulation 4(2) of SEBI PFUTP Regulations, 2003

 Securities Exchange Board of India: G. Mahalingam, Whole-time member retrained the promoters of the Dewan Housing Finance Limited i.e. DHFL from accessing