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HSA Advocates
The Insolvency Professionals to act as Interim Resolution Professionals, Liquidators, Resolution Professionals and Bankruptcy Trustees (recommendations) Guidelines, 2021
Trilegal
The Supreme Court has held that release or discharge of a principal borrower from the debt owed by it to its creditor by an involuntary process, i.e. by operation of law...
Juris Prime Law Services
This is a comprehensive Code as far as insolvency proceedings are concerned and will have overriding effect over all other laws in relation to insolvency proceedings.
Singh & Associates
The Hon'ble Supreme Court ("SC") vide its judgment dated March 26, 2021, upheld the findings of the National Company Law Tribunal ("NCLT") dated December 12, 2019...
Trilegal
Recently on 21 May 2021, Supreme Court in Lalit Kumar Jain v. Union of India, 2021 SCC OnLine SC 396, upheld the Insolvency and Bankruptcy (Application to Adjudicating Authority for Insolvency Resolution Process ...
HSA Advocates
SC vide judgment dated April 15, 2021 in the matter of Asset Reconstruction Company (India) Ltd v. Bishal Jaiswal & Anr. decided a crucial question of law pertaining to whether entries...
Khaitan & Co
The Supreme Court of India in the case of Lalit Kumar Jain v. Union of India & Ors. by its judgement dated 21 May 2021 upheld the validity of notification no. S.O. 4126 (E) dated 15 November 2019...
ZBA
The Supreme Court's consistent position on the role of Adjudicating Authority ("AA") under Section 7 of the Insolvency and Bankruptcy Code, 2016 ("Code") has been limited to determining a default...
Singh & Associates
In view of the uncertainties created by the resurgence of the Covid-19 pandemic in India in recent weeks, RBI has decided to extend the facility for restructuring existing loans without a downgrade...
Singh & Associates
The Central Government has promulgated Insolvency and Bankruptcy Code(Amendment) Ordinance 2021 to allow pre-packaged insolvency resolution process ("PIRP")...
Aureus Law Partners
An award-holder of an arbitral proceeding is naturally under the impression that she has a rightful claim to the amounts having been arbitrated upon and awarded to her.
Phoenix Legal
In a recent decision of the Hon'ble Supreme Court in Lalit Kumar Jain v. Union of India , the provisions of the Insolvency and Bankruptcy Code, 2016 (IBC) concerning the liability...
Factum Law
The UNCITRAL Legislative Guide on Law of Insolvency defines avoidance proceedings.
Aureus Law Partners
Section 18 of the Limitation Act 1963 (the Limitation Act) provides for extension of the limitation period where there is an acknowledgement of the debt by a borrower.
Phoenix Legal
The Supreme Court in its recent judgment settled a live issue pertaining to the interplay between the Insolvency and Bankruptcy Code, 2016 ("Code") and the Limitation Act, 1963 ("Limitation Act").
HSA Advocates
The Finance Minister of India in the Union Budget for FY 2020-21 announced that in addition to the numerous relaxations and incentives given in the Budget 2021, the Government shall roll out a separate framework ...
S&R Associates
Pursuant to Section 60(5) of the Insolvency and Bankruptcy Code, 2016 ("Code") the National Company Law Tribunal ("NCLT") is bestowed with the jurisdiction to decide:
Link Legal
On March 8, 2021, Hon'ble Supreme Court delivered a judgement highlighting the need for the Legislature to provide clarity on the validity of ipso facto clauses in India in the context of insolvency laws.
VGC Law Firm
In the past one year, the impact of Covid-19 pandemic has been severely stressful on the Indian economy.
S.S. Rana & Co. Advocates
The question whether the institution or continuation of a proceeding under Section 138/141 of the Negotiable Instruments (NI) Act can be said to be covered by the moratorium provision, namely...
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