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The Insolvency & Bankruptcy Code 2016 was enacted with a view to consolidate and amend the laws relating to reorganisation and insolvency resolution of corporate persons, limited liability partnerships, ...
King, Stubb & Kasiva
The Tribunal further observed that the existence of dispute must be pre-existing i.e. it must exist before the receipt of the demand notice or invoice.
King, Stubb & Kasiva
Though these judgments were in respect of settlement but the question was of applicability of NCLT rules in insolvency proceedings.
Vaish Associates Advocates
This would defeat the purpose of IBC and would also cause wrongful loses to all the creditors including Roxcel.
Vaish Associates Advocates
The Supreme Court of India in the case of Adani Power (Mundra) Limited v. Gujarat Electricity Regulatory Commission (decided on July 2, 2019) held that courts can imply terms in a contract only when literal interpretation fails, ...
Tuli & Co
Given this judgment, corporate debtors will now need to be prompt in raising any disputes they have pertaining to claims made on them by Operational Creditors.
L&L Partners
Amendment in IBC qua MSME's: Ease, Endorse and ensure Expansion
Trilegal
The Insolvency and Bankruptcy Code (Amendment) Act, 2019 seeks to address critical gaps and inconsistencies in insolvency resolution timelines, payments received by operational creditors under
Cyril Amarchand Mangaldas
The Supreme Court in Pioneer Urban Land and Infrastructure Limited vs. Union of India, has upheld the constitutionality of the Insolvency and Bankruptcy Code (Second Amendment) Act, 2018 (Amendment Act).
IndusLaw
On July 25, 2019, the IBBI notified amendments to the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 and the IBBI (Liquidation Process) Regulations, 2016.
Khaitan & Co
On 20 June 2019, the National Company Law Appellate Tribunal (NCLAT), in A.J. Agrochem v Duncans Industries Limited, passed an order deciding the issue of whether approval of the Central Government under Section 16G(1)(c) ...
AMLEGALS
The NCLAT, while relying upon Section 137 of the Limitation Act, 1963 concluded that the Appellant had approached an appropriate forum for relief in time and hence the application was not barred by limitation.
M Mulla Associates
The National Company Law Appellate Tribunal, Delhi in its decision dated 10th July, 2019 in HDFC v. RHC Holding Private Limited [Company Appeal (AT)(Insolvency)No. 26 of 2019] while upholding the order of the ...
LexOrbis
This Judgment triggered for the amendments in the code by the central Government.
Khaitan & Co
Section 14 of the Insolvency & Bankruptcy Code 2016 (as amended) (IBC) imposes a moratorium on the institution of suits or continuation of pending suits or proceedings against a corporate debtor.
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Dhir & Dhir Associates
Insolvency and Bankruptcy Code is a time-bound process for restructuring and revival of a Debtor Company, which involves the Committee of Creditors , Interim Resolution Professional/Resolution Professional and the Adjudicating Authority.
Dhir & Dhir Associates
The Operational Creditor(s) can initiate CIRP under Section 8 of the Code and the
Dhir & Dhir Associates
The Regulations earlier provided payment of liquidation value to OCs and dissenting FCs in priority.
Dhir & Dhir Associates
Cash on delivery is a mode of transaction in which the payment for goods is made at the time of delivery of goods and the e-commerce players collect cash from customers on behalf of third party vendors ...
Dhir & Dhir Associates
While the case for employees may be rooted in social welfare, liquidation as a going concern of a financially troubled entity also makes sound business sense.
Dhir & Dhir Associates
The pros and cons, present need and future utility of such a process are briefly assessed below.
Dhir & Dhir Associates
The present legal framework in India to deal with the Insolvency and Bankruptcy situation is legislated in the provisions of the Insolvency and Bankruptcy Code, 2016 ...
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