IBC
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.”
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
Interplay between tax laws and IB Code during liquidation
by Akaant Kumar Mittal†
Cite as: 2021 SCC OnLine Blog Exp 5
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
Kundan Care: Should struggling businesses be handed over to unwilling resolution applicants?
by Dhruva Gandhi† & Vinodini Srinivasan‡
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
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
Justification of Means to End: Nature of Notification under Section 4 of IBC
by Anurag Tripathi* & Naman Singh Bagga**
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
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,
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
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
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
Winding Up v. The Insolvency and Bankruptcy Code, 2016
by Amir Arsiwala* & Ishan J Ravindranath**
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
Weighing the effect and need of the ‘minimum threshold’ on the home-buyers
by Pareekshit Bishnoi & Parveen Kumar Aggarwal*