In recent times, several noteworthy judgments have been rendered by the Indian courts and tribunals in matters involving the insolvency law framework.
Tuli & Co
The Supreme Court has held that the National Company Law Appellate Tribunal (NCLAT) does not have the jurisdiction or power to condone a delay exceeding 15 days in any appeal filed against a...
This newsletter covers key updates about developments in the Insolvency Law during the month of September 2021.
This newsletter covers key updates about the developments in Indian Insolvency laws during the month of July 2021.
Filing of personal insolvency against a personal guarantor is to be filed before the same NCLT as the corporate debtor.
Khaitan & Co
Aggrieved by the order of the National Company Law Appellate Tribunal (NCLAT) refusing to condone a delay of 44 (forty-four) days in filing an appeal against the order passed...
This newsletter covers key updates about developments in the Insolvency Law during the month of August 2021.
The increasingly large haircuts that creditors are taking under the Insolvency and Bankruptcy Code, 2016 (Code) has alarmed stakeholders and government alike.
In exercise of the powers conferred by Clause (c) and Clause (cd) of Section 140 and Clause (viii) of Sub-Section (2) of Section 288 read with Section 295 of the Income-tax Act...
NCLAT in its recent judgment in Jayesh N. Sanghrajka erstwhile R.P. of Ariisto Developers Pvt. Ltd. v. Monitoring Agency nominated by Committee of Creditors of Ariisto Developers Pvt. Ltd. held that a resolution professional ...
Obhan & Associates
On August 27, 2021, the Insolvency and Bankruptcy Board of India ("IBBI"), created under the 2016 insolvency law, released a discussion paper ("IBBI Discussion Paper")...
The Insolvency and Bankruptcy Code, 2016 ("Code/IBC") is landmark legislation enacted on May 28, 2016 while those of insolvency resolution and bankruptcy of personal guarantors to corporate debtors...
The Supreme Court with a view to address the ambiguity lingering within Section 14 of the Insolvency & Bankruptcy Code, 2016, which deals with the imposition of Moratorium on the Corporate Debtor, ...
VGC Law Firm
In Jayesh N. Sanghrajka, Erstwhile R.P. of Ariisto Developers Pvt. Ltd. v. The Monitoring Agency nominated by the Committee of Creditors of Ariisto Developers Pvt. Ltd...
VGC Law Firm
In Ebix Singapore Private Limited v. Committee of Creditors of Educomp Solutions Limited & Anr., the Supreme Court considered some of the aspects of the Insolvency and Bankruptcy Code ("Code/IBC").
Khaitan & Co
On 13 September 2021, the Supreme Court (SC), has delivered a judgment (SC Judgment) in the batch matter of Ebix Singapore Pvt. Ltd. v. Committee of Creditors of Educomp Solutions Ltd. and Anr., Civil Appeal No. 3224 of 2020, ...
The CoC needs to be fair and transparent in its decisions.
Only by shoring up the insolvency mechanism and tackling huge pendency of cases can confidence of creditors be restored.
The Hon'ble Supreme Court in its recent decision in Anjali Rathi and Ors. v. Today Homes & Infrastructure Pvt. Ltd. and Ors.
Khurana and Khurana
The Supreme Court of India recently pronounced the milestone judgment of P. Mohanraj V. Shah Brothers Ispat Pvt. Ltd.