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Nishith Desai Associates
The requirement for an operational creditor to provide a certificate from a financial institution under S. 9(3)(c) of the Code is only directory and not mandatory ...
S.S. Rana & Co. Advocates
Following this, the District Court issued a notice, which was later challenged in the Supreme Court by AARCL.
Khurana and Khurana
The Corporate Debtor/Respondent (Uttam Galva Metallics) defaulted in the payment to the Operational Creditor/Appellant (Macquarie Bank) amounting to USD 6,321,337 equivalent to Rs. 43,11,15,190.
S.S. Rana & Co. Advocates
The IBBI, through Notification No. IBBI/2017- 18/GN/REG23, on December 31, 2017, has notified the "Insolvency and Bankruptcy Board of India (Fast Track Insolvency Resolution Process for Corporate Persons)...
Trilegal
The RBI has recently issued a notification requiring regulated financial creditors to adhere to certain mandatory requirements of the Insolvency & Bankruptcy Code ...
VGC Law Firm
It has been one year since the Insolvency and Bankruptcy Code, 2016 ("I&B Code") came into effect. The I&B Code is one of the biggest economic reforms to have taken place recently.
S.S. Rana & Co. Advocates
Incorporated with the objective of promoting maximization of value of assets in a time bound manner, the Insolvency and Bankruptcy Code works towards effective protection to honest creditors...
Khaitan & Co
The NCLAT passed a judgment putting to rest the question of the applicability of the Limitation Act, 1963 to the corporate insolvency resolution process under the Insolvency and Bankruptcy Code, 2016.
Khaitan & Co
In Civil Appeal 15481/2017, Macquarie Bank Limited, Singapore filed a petition under Section 9 of the Code as an operational creditor before the National Company Law Tribunal against Uttam Galva Metallics Limited.
Khurana and Khurana
The much debated question with respect to the interpretation of what amounts to "existence of a dispute" has been finally answered by the Supreme Court in the (Mobilox vs. Kirusa) judgment.
Khaitan & Co
NCLAT has held that proceedings pending under Section 34 of the Arbitration and Conciliation Act, 1996 does not constitute a ‘dispute' under Section 8 of the Insolvency and Bankruptcy Code, 2016.
S.S. Rana & Co. Advocates
Considering the rapid increase of insolvency cases, the increased and more defined role of the service providers and stakeholders at different levels in companies, partnerships, banks etc....
Dhir & Dhir Associates
The Insolvency and Bankruptcy Code, 2016 (IBC), implements a "creditor-in-possession" regime that vests decision making powers of the insolvent company with a "committee of creditors" (CoC) ...
Phoenix Legal
The Insolvency and Bankruptcy Code, 2016 (Code) was enacted for a time bound insolvency resolution process with the primary aim of rehabilitating financially distressed entities...
LexCounsel Law Offices
M/s. Unigreen Global Private Limited ("Unigreen") v. Punjab National Bank ("PNB") and others followed in Leo Duct Engineers & Consultants Limited v. Canara Bank and Another
Our Insolvency and Restructuring Advice Centre Experts:
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Dhir & Dhir Associates
The Insolvency and Bankruptcy Code, 2016 (IBC), implements a "creditor-in-possession" regime that vests decision making powers of the insolvent company with a "committee of creditors" (CoC) ...
Dhir & Dhir Associates
The right to travel abroad has been recognised as an integral right of every Indian citizen. It would not be out of place to mention that it has in fact been recognised as a fundamental right under Article 21 of the Constitution of India.
Dhir & Dhir Associates
The object of introducing Section 138 in the Negotiable Instruments Act, 1881 (hereinafter referred to as "NI Act") is to enhance the acceptability of cheques in the settlement of liabilities.
Dhir & Dhir Associates
The moratorium in terms of Insolvency and Bankruptcy Code, 2016 (‘IBC') means a period wherein no judicial proceedings for recovery, enforcement of security interest, sale or transfer of assets, or termination of essential contracts can be instituted or continued against the Corporate Debtor.
Dhir & Dhir Associates
Moratorium under section 14 of the Insolvency and Bankruptcy Code, 2016 (IBC), means a period when no judicial proceedings for recovery...
Dhir & Dhir Associates
In 2016, the Government enacted the Insolvency & Bankruptcy Code, 2016 (IBC), which came as a rescue for the snail-paced debt recovery regime and provided a consolidated legal framework...
Dhir & Dhir Associates
G.S.R (E).─ In exercise of the powers conferred by section 247 read with sections 458, 459 and 469 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules.
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