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Phoenix Legal
In an important decision passed recently , the National Company Law Appellate Tribunal ("NCLAT") while endorsing the decision of National Company Law Tribunal, New Delhi Bench ("NCLT")...
Khaitan & Co
Recently, the Hon'ble National Company Law Appellate Tribunal has passed an order reiterating that once a resolution plan is approved by the Committee of Creditors (CoC)...
IndusLaw
With the current economic slowdown triggered by COVID-19, businesses now face an uphill battle to generate free cash flow to timely service their debts.
VGC Law Firm
Recently, the Appellate Authority (NCLAT) in the matter of Laxmi Pat Surana v. Union Bank of India & Ors. has held that an application under Insolvency and Bankruptcy Code, 2016 (‘I&B Code') is ...
S.S. Rana & Co. Advocates
The Banking Regulation (Amendment) Bill, 2020[i] was passed by Lok Sabha on September 16, 2020 and by Rajya Sabha on September 22, 2020.
Khaitan & Co
A contentious issue in the interplay between the Insolvency and Bankruptcy Code, 2016 (IBC) and the Limitation Act, 1963 (Limitation Act) has been the applicability of Section 18...
HSA Advocates
The Insolvency and Bankruptcy Code (Second Amendment) Act, 2020...
Advani & Co
The Supreme Court in the present decision considered whether to allow a petition under section 9 of the Insolvency and Bankruptcy code when the debt towards the operational debtor is already disputed.
S.S. Rana & Co. Advocates
In a recent case, the National Company Law Appellate Tribunal ("NCLAT"), vide its ruling dated May 22, 2020 upheld the order passed by respective National Company...
Phoenix Legal
The judiciary has rendered numerous path-breaking decisions to complement various amendments to the Insolvency and Bankruptcy Code, 2016
Singh & Associates
In the last few years, it has been noticed that the homebuyers struggle to get their decree executed as the orders of the Real Estate Regulatory Authority ("RERA") have not been executed.
Phoenix Legal
India enacted the Insolvency and Bankruptcy Code, 2016 (IBC) to provide a new and an exclusive framework for reorganisation and insolvency resolution.
Singh & Associates
Nearly all discussions and coverages on the Insolvency and Bankruptcy Code, 2016 ("Code"), highlight the process of Resolution of Corporate persons...
VGC Law Firm
Recently, the National Company Law Appellate Tribunal (NCLAT), in Jagdish Prasad Sarada v. Allahabad Bank 2020 SCC OnLine NCLAT 621, has allowed the appeal filed by the Managing Director of the Corporate Debtor.
S.S. Rana & Co. Advocates
In a recent case, the NCLAT permitted exit or withdrawal from Corporate Insolvency Resolution Process after Interim Resolution Professional was appointed and moratorium was imposed in the case.
S.S. Rana & Co. Advocates
In the wake of COVID-19 pandemic, the Government of India vide Notification S.O. 1205(E) dated March 24, 2020 raised the minimum threshold amount with respect to default in Corporate Insolvencies.
S.S. Rana & Co. Advocates
In a recent case, the NCLT, New Delhi in M/s Brand Reality Services Ltd. v. M/s Sir John Bakeries India Pvt. Ltd, has stated that an operational debt under Insolvency and Bankruptcy Code, 2016 does not take account ...
Vaish Associates Advocates
The NCLAT has in its judgment dated August 14, 2020 in the matter of Sushil Ansal v. Ashok Tripathi and Others [Company Appeal (AT) (Insolvency) No. 452 of 2020], held that a decree holder cannot be classified ...
Phoenix Legal
Upon execution of a mortgage, a lender believes that a valid security is in place and could be enforced if the borrower defaults in repayment.
Dhaval Vussonji & Associates
In a recent judgement of the National Company Law Appellate Tribunal, passed on 14th August 2020 in the matter of Sushil Ansal v. Ashok Tripathi and Ors.
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