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Searching Content indexed under Insolvency/Bankruptcy by Khaitan & Co ordered by Published Date Descending.
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1
Liquidation Waterfall: NCLAT Rules Against Inclusion Of Social Security Dues Under ‘Workmen's Dues'
In State Bank of India v Moser Baer Karamchari Union [Company Appeal (AT) (Insolvency) Number 396 of 2019] (Moser Baer), the National Company Law Appellate Tribunal, New Delhi (NCLAT), ...
India
30 Aug 2019
2
NCLAT Decides On The Requirement Of Seeking Government Approval For Making An Insolvency Application Against A Tea Company
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) ...
India
14 Aug 2019
3
Delhi High Court Carves Another Exception To The Moratorium Under The Insolvency Code
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.
India
8 Aug 2019
4
RBI Issues Revised Prudential Framework For Resolution Of Stressed Assets
The RBI issued a revised prudential framework for resolution of stressed assets on 7 June 2019 in supersession of the erstwhile circular on Resolution of Stressed Assets dated 12 February 2019 which was struck down ...
India
11 Jun 2019
5
A Trade Union Can Initiate Proceedings As An Operational Creditor Under The Insolvency And Bankruptcy Code
The division bench of the Supreme Court of India comprising of Hon'ble Justice Mr R.F. Nariman and Hon'ble Justice Mr Vineet Saran, in its judgment dated 30 April 2019 in J.K. Jute Mill Mazdoor Morcha v Juggilal Kamlapat Jute Mills Company Ltd & Ors ...
India
5 Jun 2019
6
Payment Against An Agreement To Sell Is A Duly Enforceable Debt Under The Negotiable Instruments Act
The division bench of the Supreme Court of India comprising of Hon'ble Justice Dr D.Y. Chandrachud and Hon'ble Justice Mr Hemant Gupta, in its judgment dated 13 March 2019 in Ripudaman Singh v Balkrishna, ...
India
5 Apr 2019
7
Supreme Court Upholds NCLAT Judgment Ruling That Insolvency Proceedings May Be Invoked Against Corporate Guarantor Before Proceeding Against The Principal Debtor
The appellants submitted that while the Code includes the concept of a ‘personal guarantor', it does not recognize the concept of a corporate guarantor.
India
27 Feb 2019
8
All Roads Lead To Resolution – RBI Opens Up The ECB Route For IBC Bidders
In what appears to be another step towards increasing the efficacy of the insolvency resolution process in India, the RBI, further relaxed the regime on ECBs in India by way of a circular dated 7 February 2019.
India
13 Feb 2019
9
Insolvency Proceedings May Be Invoked Against Corporate Guarantor Before Proceeding Against The Principal Debtor
The NCLAT held that insolvency proceedings against the corporate guarantor may be undertaken without initiating proceedings against the principal debtor.
India
6 Feb 2019
10
The NCLAT Rules That The Adjudicating Authority Has No Jurisdiction To Decide The Legality And Propriety Of A Foreign Decree
The NCLAT, vide its judgment in Usha Holdings LL.C. & Anr v Francorp Advisors Pvt Ltd (Company Appeal (AT) (Insolvency) No. 44 of 2018) dated 30 November 2018, held that the NCLT cannot determine ...
India
14 Jan 2019
11
Insolvency In Indian Aviation: What Does India's New Cape Town Convention Bill Mean For Recovery And Re-Possession Of Leased Aircrafts?
Leasing of aircrafts is a prevalent market practice in the aviation industry, and all existing airline operators in India have currently leased a significant number of aircrafts in their fleet.
India
5 Dec 2018
12
Supreme Court: Time-Barred Claims Cannot Be Brought Under IBC
On 11 October 2018, the Supreme Court vide its judgment in B.K. Educational Services Private Limited v Parag Gupta and Associates (Civil Appeal No. 23988 of 2017) clarified the applicability of Limitation Act, 1963 ...
India
1 Nov 2018
13
New Amendments To CIRP Regulations – Relief For Bidders And Dissenting Financial Creditors
The Amendment Regulations have come into force on 5 October 2018.
India
31 Oct 2018
14
Pendency Of Challenge To An Arbitral Award – A Bar To Insolvency Proceedings
At this juncture, after the Appellant appealed against the decision of the NCLAT.
India
18 Sep 2018
15
Liberty House Group | Insolvency Resolution Of ARGL Limited
Khaitan & Co advised Liberty House Group in relation to insolvency resolution of ARGL Limited under the Insolvency and Bankruptcy Code, 2016.
India
12 Sep 2018
16
Liberty House Group | Insolvency Resolution Of Castex Technologies Limited
Khaitan & Co advised Liberty House Group in relation to insolvency resolution of Castex Technologies Limited under the Insolvency and Bankruptcy Code, 2016.
India
12 Sep 2018
17
Supreme Court Settles The Debate: No Moratorium For Personal Guarantors Under Section 14 Of The Insolvency Code
The judgment provides clarity and settles the confusion caused as a result of conflicting decisions on this issue.
India
29 Aug 2018
18
SC Upholds Disqualification Under Section 29A Of The IBC; But Invokes Article 142 To Protect Interests Of Homebuyers
Although discussions took place with four resolution applicants, no resolution plan was approved by the CoC within the mandated CIRP period of 270 days ending 12.05.2018.
India
22 Aug 2018
19
Amendments To Regulations For Corporate Insolvency Resolution – Too Prescriptive Or Necessary For Increasing Efficiency?
The IBBI notified the IBBI (Insolvency Resolution Process for Corporate Persons) (Third Amendment) Regulations, 2018 on 4 July 2018 to amend the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 ...
India
27 Jul 2018
20
No More Fleecing – IBBI Puts Insolvency Costs To Strict Scrutiny
Under the corporate insolvency regime set up by the Insolvency and Bankruptcy Code, 2016, the Insolvency Resolution Professional is arguably among the most important individuals concerned...
India
6 Jul 2018
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