IBC Archives

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 Mittal Experts Corner

Interplay between tax laws and IB Code during liquidation

by Akaant Kumar Mittal†

Cite as: 2021 SCC OnLine Blog Exp 5

Case Briefs Supreme 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 Eds OP. ED.

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

by Dhruva Gandhi† & Vinodini Srinivasan‡

Case Briefs High 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 Eds OP. ED.

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

by Vipul Kumar*

Case Briefs Supreme 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 Eds OP. ED.

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

by Anurag Tripathi* & Naman Singh Bagga**

Legislation Updates Notifications

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 releases News

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 releases News

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 releases News

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 Briefs Tribunals/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 Briefs Tribunals/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 Eds OP. ED.

Winding Up v. The Insolvency and Bankruptcy Code, 2016

by Amir Arsiwala* & Ishan J Ravindranath**

Case Briefs Tribunals/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 Eds OP. ED.

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

by Pareekshit Bishnoi & Parveen Kumar Aggarwal*

Case Briefs Tribunals/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

Case Briefs High Courts

Del HC | Is the liability of Principal Borrower and Guarantor co-extensive? Court reiterates SC’s position on continuation of SARFAESI proceedings against Guarantor by banks

Delhi High Court: A Division Bench of Hima Kohli and Subramonium Prasad, JJ., considered the following question: Whether a bank/financial institution can institute

Case Briefs Supreme Court

All petitions challenging the IBC provisions relating to personal guarantors transferred to Supreme Court

The Insolvency and Bankruptcy Code is at a nascent stage and it is better that the interpretation of the provisions of the Code is taken up by the Supreme Court to avoid any confusion.