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[SC] Guarantors Failing to Pay Invoked Guarantees Barred From Filing Claims as Financial Creditors
The Supreme Court: Guarantors with unpaid guarantees cannot claim as financial creditors under the IBC.
Apr 10, 20244 min read
NCLAT Rules on Creditor Fairness in Insolvency, Mandating Cash Payments Over Shares for Operational Creditors
NCLAT enforces strict adherence to cash payments for operational creditors, highlighting statutory compliance in insolvency resolutions.
Apr 8, 20242 min read
Bombay High Court Clarifies the Interplay between IBC and PMLA in Asset Release Post CIRP
Introduction In a landmark ruling, the Hon’ble Bombay High Court ( ‘HC’ ) addressed a pivotal issue concerning the interplay between the...
Mar 11, 20244 min read
Flexibility for Insolvency Professionals Enhanced by IBBI
Introduction The Insolvency and Bankruptcy Board of India ( ‘IBBI’ ), deriving power from ss. 196, 208 read with s. 240 of the Insolvency...
Feb 6, 20242 min read
Enhancing Creditor Involvement: Amendment Introduces Reg. 17A for Presentation and Communication of Repayment Plans
Introduction The Insolvency and Bankruptcy Board of India ( ‘IBBI’ ) recently introduced a crucial amendment [i] to the insolvency...
Feb 5, 20243 min read
Deciphering Financial Debt: NCLAT Affirms Non-Applicability of IBC to Financial Service Providers
Introduction The National Company Law Appellate Tribunal, New Delhi ( ‘NCLAT’ ) in the case of Globe Capital Market Ltd. v. Narayan...
Jan 31, 20244 min read
Supreme Court Resolves Performance Bank Guarantee Dispute in Jet Airways Case: NCLAT Urged to Expedite Appeal
Introduction In this case, SBI & Ors. v. Consortium of Murari Lal Jalan and Florian Fritsch & Anr . [i] , the appeals before the Hon’ble...
Jan 31, 20243 min read
NCLAT Rejects the Corporate Debtor’s Late Financial Claim After CIRP Approval
NCLAT enforces strict CIRP timelines, dismissing Kotak Bank's 738-day late claim.
Jan 25, 20242 min read
Insolvency Resolution Process: Adherence to Procedural and Jurisdictional Requirements under IBC
Introduction The Insolvency and Bankruptcy Code, 2016 ( ‘IBC’ ) has been a transformative legislation in India, aiming to provide a...
Jan 24, 20243 min read
Comprehensive Analysis of Set-Off Applicability Under the Insolvency and Bankruptcy Code
Introduction In the recent case of Bharti Airtel Ltd. ( ‘BAL’ ) v. Vijaykumar V. Iyer [i] , the Hon’ble Supreme Court ( ‘SC’ ) clarified...
Jan 23, 20244 min read
Dissecting S. 29A of the IBC: NCLAT Clarifies Resolution Applicant Eligibility in Insolvency Cases
Introduction This case, Vishram Narayan Panchpor v. Committee of Creditors [i] , involves an appeal before the National Company Law...
Jan 22, 20243 min read
Dissenting Financial Creditors and Resolution Plans under IBC: Division Bench of Supreme Court Refers Matter to a Larger Bench
Introduction In the recent judgment in the matter of DBS Bank Limited Singapore v. Ruchi Soya Industries Limited and Another [i] , the...
Jan 22, 20244 min read
NCLAT: IBC applies to Personal Guarantors Regardless of the CIRP Status of Corporate Debtor
Introduction The case Mahendra Kumar Agarwal v. PTC India Financial Services Ltd. [ i ] addresses a contentious issue:Â whether a...
Sep 15, 20235 min read
Taking Control: Voluntary Initiation of Corporate Insolvency
IBC was enacted to expedite insolvency proceedings and to facilitate timely and effective resolution of insolvency by involving relevant...
Sep 14, 20239 min read
IBC Prevails: Violation of S. 295 of Companies Act, 1956 No Bar to Section 7 Application
[NCLAT New Delhi] Violation of S. 295 of the Companies Act, 1956, in itself, is not sufficient ground to reject an S. 7 IBC application...
Aug 19, 20233 min read
IBC overrides Electricity Act: Supreme Court Reinforces IBC’s Waterfall Mechanism
In a landmark ruling, the SC emphasizes the supremacy of IBC’s provisions over the Electricity Act, impacting asset liquidation priorities.
Jul 29, 20234 min read
[NCLAT] – The Resolution Plan Cannot Discriminate Among the Same Class of Creditors
NCLAT rules against bias in creditor payouts, mandates equitable distribution in Akashganga case.
Jul 22, 20233 min read
NCLAT Rules: Pendency of DRT Proceedings Does Not Hinder Action Under S. 7 of the IBC
NCLAT: DRT case pendency doesn't block IBC s. 7 rights.
Jul 22, 20237 min read
SC Affirms Limitations of Section 66 of IBC Against Third Parties
Gluckrich Capital Private Limited v State of West Bengal Introduction On 19.05.2023, the Hon’ble Supreme Court rejected an application...
Jun 3, 20234 min read
SC Clarifies: Once NCLT is Satisfied of Default, Application Under Section 7 of IBC Must be Admitted
[SC] Once the NCLT is satisfied that there is a debt which is in default of payment, an application under section 7 of the IBC should be...
Jun 3, 20234 min read