insolvency and bankruptcy code
‘A One Time Settlement agreement cannot extend the date of default’; NCLAT dismisses Samrat Restaurant’s CIRP plea
The NCLAT held the appellant’s claim was inflated, and the Adjudicating Authority rightly recalculated the actual unpaid amount, which fell below the Rs 1 crore threshold.
EPF Dues and IBC: Navigating the Treatment of Interest and Damages in Liquidation
by Anupm Prakash* and Kirti Talreja**
Money advanced for clearing land title is an investment, not financial debt under Section 5(8) of the IBC: NCLAT
The NCLAT reinforced that not all financial transactions qualify as financial debts under the IBC.
2024 SCC Vol. 6 Part 4
Arbitration and Conciliation Act, 1996 — Ss. 34 and 37 — Interference with award by Court: Law regarding limited jurisdiction of Court
Inter-Corporate Loans and Deposits: Treatment of Such Debts in Case of Default
by Sidharth Sethi† and Shreya Sircar††
Call for Entries| 12th RMLNLU-Lakshmikumaran & Sridharan International Legal Essay Writing Competition and Conference on Insolvency Law [Submit by 13 September, 2024]
RMLNLU along with Lakshmikumaran & Sridharan is organising a Legal Essay Writing Competition and Conference on “Insolvency Law”. Entries for the same are invited from interested law students.
ILS Pune | Online Diploma in Corporate Laws, 2024
ILS Law College, Pune announces Online Autonomous Diploma in Corporate Laws Programme Coordinator: Smita Sabne (smita.sabne@ilslaw.in) Programme Overview: The Diploma in Corporate
Shardul Amarchand Mangaldas & Co. advises the Committee of Creditors of Metalyst Forgings Limited
Shardul Amarchand Mangaldas & Co. advised the committee of creditors (CoC) in the corporate insolvency resolution process of Metalyst Forgings Limited (Metalyst),
[Clean Slate Basis] Delhi HC sets aside assessment order pertaining to previous liability against corporate debtor issued after NCLT Chennai concluded the CIRP
The Court stated that once the resolution plan was approved by the COC, it should be binding on all the stakeholders. Thus, the successful resolution applicant starts running the business of the corporate debtor on a fresh slate.
2024 SCC Vol. 5 Part 3
Arbitration and Conciliation Act, 1996 — S. 11(6) and S. 43 — Time-barred claims — Non-reference of, to arbitration — Art. 137
2024 SCC Vol. 4 Part 5
Arbitration and Conciliation Act, 1996 — Ss. 34 and 37 r/w Ss. 2(4) and 16 — Jurisdiction of arbitrator to adjudicate under
Clean Slate Doctrine — Wiggle Room for “Uncrystallised Claims”?
by Yogendra Aldak†, Pranav Mundra†† and Balraaj Singh Chhatwal†††
[Financial Debt v. Operational Debt] SC clarifies when a ‘debt’ is considered as financial debt and operational debt under IBC
“While deciding that whether a debt is a financial debt or an operational debt arising out of a transaction covered by an agreement or arrangement in writing, it is necessary to ascertain what is the real nature of the transaction reflected in the writing.”
‘Inconvenience of specific party cannot outweigh statutory provisions’; Delhi High Court directs DGCA to process deregistration of 54 leased GoAir aircrafts
“It is trite that the international treaty obligations are required to be followed strictly and any deviation therefrom would have adverse effects including downgrading of the business interests of country in the international community.”
NLUD | INSOL Academic Conference 2024
The conference will take place on 5th August 2024 at National Law University Delhi, Sector 14, Dwarka. The details are as below.
IBBI’s Update to CIRP Regulations: Revisions and Reflections
by Prakul Thadi* and Sarthika Singhal**
Performance of the NCLTs under the IBC Regime: An Overview
by Bishwajit Dubey† and Raghav Pandey††
2024 SCC Vol. 2 Part 4
M.P. Municipal Corporation Act, 1956 (23 of 1956) — S. 132(6)(l) — Tax on advertisement: Law clarified on requisites for levy of