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IBC

Case BriefsSupreme Court

“NCLT can encourage settlements, it cannot direct it by acting as courts of equity” SC holds NCLT has limited powers to either admit or reject an application u/s 7(5) of IBC

Supreme Court: The Division Bench comprising of Dr Dhananjaya Y Chandrachud* and A S Bopanna, JJ., held that the powers of NCLT

Published on December 25, 2021December 31, 2021By Editor_4
Leave a comment4000 views
Case BriefsSupreme Court

“Any deviation would defeat the object and purpose of providing such time limit under IBC”; Supreme Court directs to speed up insolvency process of Amtek Auto  

Supreme Court: The Division Bench of M.R. Shah* and Sanjiv Khanna, JJ., directed to speed up the insolvency resolution process of Amtek

Published on December 8, 2021December 10, 2021By Editor_4
Leave a comment3614 views
Case BriefsSupreme Court

Can NCLT entertain an arbitrable dispute? SC sets the yardsticks of residuary powers of NCLT under IBC

“The residuary jurisdiction of the NCLT cannot be invoked if the termination of a contract is based on grounds unrelated to the insolvency of the Corporate Debtor.”

Published on December 4, 2021December 4, 2021By Editor_4
Leave a comment8296 views
Op EdsOP. ED.

Decoding the Conundrum around the Retrospective Effect of Section 29-A IBC through the Evolution of the Famous Wig Associates Judgment

by Shuchi Sejwar† and Sanjana Sachdeva[*]

Published on October 30, 2021November 26, 2021By Editor_4
Leave a comment3990 views
Case BriefsHigh Courts

Kar HC | Interplay between IBC and Companies Act regarding winding up petitions; Court decides in matter of transfer of company petition to NCLT

Karnataka High Court: S. Sunil Dutt Yadav, J., decided in the matter of a petition which was filed praying to transfer a

Published on October 27, 2021November 4, 2021By Editor_4
Leave a comment4218 views
Case BriefsSupreme Court

IBC and Limitation| Words “order is made available to the aggrieved party” consciously omitted from Section 61(1)&(2): SC. Read why

“The IBC, as a prescriptive mechanism, affecting rights of stakeholders who are not necessarily parties to the proceedings, mandates diligence on the part of applicants who are aggrieved by the outcome of their litigation.”

Published on October 22, 2021October 29, 2021By Prachi Bhardwaj
Leave a comment3399 views
Op EdsOP. ED.

Does Unsecured Loan with No Returns have the Effect of Time Value of Money and be Covered under the Commercial Borrowing under the IBC Code?

by Love Kumar Gupta† and Angad Sandhu††

Published on October 6, 2021October 6, 2021By Editor_4
1 Comment7201 views
Case BriefsTribunals/Commissions/Regulatory Bodies

NCLAT | On not finding flaws in the NCLT order, abstains from interfering- Petitioner not being authorised under S.7 IBC, lacks locus standi

National Company Law Appellate Tribunal (NCLAT)- The Coram of Justice Jarat Kumar Jain (Judicial Member), Ashok Kumar Mishra (Technical Member), and Alok

Published on September 27, 2021September 27, 2021By Editor_4
Leave a comment12026 views
National Company Law Tribunal
Case BriefsTribunals/Commissions/Regulatory Bodies

Whether S. 7 IBC petition is maintainable where financial creditor fails to enclose financial contract/documents along with the petition: NCLT examines 

National Company Law Tribunal (NCLT): Coram of Judicial Member Ashok Kumar Borah and Technical Member Shyam Babu Gautam has admitted a petition

Published on September 24, 2021December 10, 2021By Bhumika Indulia
Leave a comment6527 views
Case BriefsSupreme Court

Supreme Court on preferring an appeal before NCLAT beyond a period of 30 days: Read the Law [Explained]

Supreme Court of India: The Bench of M.R. Shah and Aniruddha Bose, JJ., observed that, “Appellate Tribunal has jurisdiction or power to

Published on September 16, 2021September 17, 2021By Bhumika Indulia
2 Comments7275 views
Case BriefsSupreme Court

Resolution Applicant under IBC not allowed to withdraw/modify its Resolution Plan, once submitted for approval of NCLT: Supreme Court

Supreme Court: A Division Bench of Dr D.Y. Chandrachud and M.R. Shah, JJ. has held that under Insolvency and Bankruptcy Code, 2016,

Published on September 14, 2021September 17, 2021By Editor_4
Leave a comment8967 views
National Company Law Tribunal
Case BriefsTribunals/Commissions/Regulatory Bodies

NCLT | ‘The moment a pre-existing dispute is established, IBC disenthralls itself’– Dismisses Application

National Company Law Tribunal, New Delhi: The Coram of Abni Ranjan Kumar Sinha, (Judicial Member) and L.N. Gupta (Technical Member) dismissed an

Published on August 25, 2021September 10, 2021By Editor_4
Leave a comment5132 views
Case BriefsTribunals/Commissions/Regulatory Bodies

NCLAT | Matter getting protracted, defeating the purpose of IBC; Orders NCLT to pass orders ‘one way or the other’

National Company Law Appellate Tribunal (NCLAT): The Coram of Judicial A.I.S. Cheema (The officiating Chairperson) and Dr Alok Srivastava (Technical Member) while

Published on August 23, 2021September 10, 2021By Editor_4
Leave a comment3030 views
Op EdsOP. ED.

Guarantors: The Unspoken Exception to the Clean Slate Theory

by Amir Bavani* and Rhea Jayakumar**

Published on August 22, 2021August 22, 2021By Editor_4
Leave a comment6373 views
Case BriefsSupreme Court

Supreme Court on Jurisdiction of NCLAT & NCLT ||  Does jurisdiction of NCLAT/NCLT extend into entering upon merits of a business decision made by a requisite majority of CoC?

Supreme Court: The Division Bench of Dr Dhananjaya Y Chandrachud and M R Shah, JJ., observed that, Jurisdiction of the Adjudicating Authority

Published on August 12, 2021August 12, 2021By Bhumika Indulia
1 Comment8344 views
National Company Law Tribunal
Case BriefsTribunals/Commissions/Regulatory Bodies

NCLT rejects withdrawal application under S. 12-A IBC where corporate debtor entered into settlement only with a fraction of creditors: CIRP against Rolta India Ltd. will continue 

National Company Law Tribunal, NCLT Mumbai: Coram of Suchitra Kanuparthi, Judicial Member and Chandra Bhan Singh, Technical Member, observed that, “…a Judicial

Published on August 11, 2021August 11, 2021By Bhumika Indulia
1 Comment6694 views
National Company Law Tribunal
Case BriefsTribunals/Commissions/Regulatory Bodies

NCLT | Malice Intention to start something ‘other than insolvency’ nipped- Releases the Corporate Debtor from ‘rigors of CIRP and moratorium’

National Company Law Tribunal (NCLT): The Coram of Justice Abni Ranjan Kumar Sinha,(Judicial Member), and L.N. Gupta, (Technical Member) while exercising their

Published on August 3, 2021August 3, 2021By Editor_4
Leave a comment2892 views
National Company Law Tribunal
Case BriefsTribunals/Commissions/Regulatory Bodies

NCLT | Personal Guarantor not liable to be prosecuted under S. 95 IBC where corporate debtor concerned is not under corporate insolvency resolution process

National Company Law Tribunal, Mumbai: Coram of H.V. Subba Rao, Judicial Member and Chandra Bhan Singh, Technical Member dismissed an interlocutory application filed

Published on July 27, 2021July 28, 2021By Bhumika Indulia
Leave a comment6893 views
Op EdsOP. ED.

Claim for Refund of Advance: Whether an Operational Debt

by Rahul Poddar*

Published on July 3, 2021July 3, 2021By Bhumika Indulia
Leave a comment5503 views
Op EdsOP. ED.

Deconstructing the threshold requirements for homebuyers under IBC

by Mitali Ingawale† & Sumit Kulkarni††

Published on June 20, 2021June 19, 2021By Editor_4
Leave a comment6805 views

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