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Khaitan & Co LLP
The Insolvency and Bankruptcy Board of India on 16 September 2022 promulgated the Insolvency and Bankruptcy Board of India Regulations, 2022 amending the Insolvency and Bankruptcy Board of India Regulations, 2016.
Link Legal
The Insolvency and Bankruptcy Code, 2016 (‘Code') reconceptualised the framework for insolvency resolution in India. It provides a mechanism for the insolvency resolution of debtors in a time bound...
HSA Advocates
In exercise of the powers conferred by Clause (t) of Sub-Section (1) of Section 196 read with Section 240 of the Insolvency and Bankruptcy Code, 2016 (31 of 2016) (IBC), ...
Dhaval Vussonji & Associates
Recently, the principal bench of National Company Law Appellate Tribunal, Delhi ("NCLAT") vide its order dated 2nd August 20221 ("Order") dismissed an appeal filed by Mr. Praful Nanji Satra...
S.S. Rana & Co. Advocates
The Hon'ble Supreme Court vide its order dated May 18, 2022 in Indian Overseas Bank Versus M/S Rcm Infrastructure Ltd. And Another observed that the proceedings under the...
Kochhar & Co.
In this article, our disputes partner Samiron and senior associate Kritika, discuss the Swiss Challenge Method for selecting a resolution plan for a corporate debtor which is undergoing CIRP.
Karanjawala & Company
A personal guarantor is an individual who provides surety under a contract of guarantee to a corporate debtor. Till, 2016, in case of default by a corporate debtor, creditors had the option of recovering...
Economic Laws Practice
The Insolvency and Bankruptcy Code, 2016 (IBC Code) was implemented against the backdrop of challenges faced by the Banking Sector on account of increasing Non-Performance Assets (NPAs).
Khaitan & Co LLP
The Insolvency and Bankruptcy Board of India (IBBI) on 13 September published the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons)...
Khaitan & Co LLP
In a recent order passed by the National Company Law Appellate Tribunal, Principal Bench, New Delhi ("NCLAT") in Somesh Choudhary v Knight Riders Sports Private Limited & Anr.
Khaitan & Co LLP
The Principal Bench of the National Company Law Appellate Tribunal (NCLAT), in the matter of Praful Nanji Satra v Vistra ITCL (India) Limited & Others in Company Appeal (AT) (Ins.) No 713 of 2020, ...
Link Legal
Recently, the Hon'ble Supreme Court in the case of Kotak Mahinda Bank Limited vs A. Balakrishnan & another (Civil Appeal No.689 of 2021) has held that any liability arising out of a recovery certificate needs to be treated as financial debt ...
S.S. Rana & Co. Advocates
Since the enactment of the Insolvency and Bankruptcy Code in 2016 ("IBC, 2016), the judiciary has been very active in settling disputes and addressing the gaps arising from this...
S.S. Rana & Co. Advocates
The National Company Law Tribunal, Chennai Bench vide its order dated April 25, 2022 in Mr. N. Kumar v. Tata Capital Housing Finance Ltd. held that the project-wise Corporate Insolvency Resolution Process of ...
S.S. Rana & Co. Advocates
The Hon'ble Delhi High Court vide its order dated May 13, 2022, in Millennium Education Foundation Vs Educomp Infrastructure And School Management Limited, ...
Anand & Anand
The Insolvency and Bankruptcy Code 2016 has been evolving immensely since its inception. Through this Quarterly Journal the firm aims to share recent updates and landmark Judgements pertaining to the Code.
Khaitan & Co LLP
The 3-Judge Bench of the Supreme Court (SC) in its judgment dated 26 August 2022, in Sundaresh Bhatt, Liquidator of ABG Shipyard v. Central Board of Indirect Taxes and Customs, Civil Appeal No. 7667/2021...
Phoenix Legal
In the recent judgment of Sundaresh Bhatt, Liquidator of ABG Shipyard v. Central Board of Indirect Taxes and Customs, the Supreme Court observed that once the moratorium is introduced...
Economic Laws Practice
By way of its two landmark judgments delivered on August 26, 2022, in the matter of CIRP/Liquidation of ABG Shipyard, the Apex Court has settled two critical issues concerning...
Link Legal
The Supreme Court has passed a landmark decision today in the matter of "Sundaresh Bhatt vs. Central Board of Indirect Taxes & Customs" [Civil Appeal No. 7667 of 2021]...
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