India: Debt Capital Markets

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Article
Supreme Court Holds That Admission Of Debt By A Resolution Professional Does Not Amount To Acknowledgment Of Liability Under Article 18 Of The Limitation Act, 1963 And The Time Period Of Earlier CIRP Proceedings Against A Corporate Debtor Is To Be Excluded While Computing The Limitation Period Under Article 137 Of The Limitation Act, 1963
In the present matter, the date of default for the debt availed by the Corporate Debtor (“CD”) from Dewan Housing Finance Limited (“DHFL”) was 06.12.2016. However, DHFL itself was admitted into CIRP on 03.12.2019.
India Insolvency
Sagus Legal
Article
National Company Law Appellate Tribunal Clarifies Financial Creditor Status In Third-party Mortgage Transactions Under The Insolvency And Bankruptcy Code, 2016
The National Company Law Appellate Tribunal, Principal Bench, New Delhi (“NCLAT”), In the case of Vistra ITCL (India) Limited vs. Vithal Madhukar Dahake and Ors.1, has considered whether a third-party mortgagor, which created security over its assets for the debt of another entity, could be treated as giving rise to a ‘financial debt’ under the Insolvency and Bankruptcy Code, 2016 (“IBC”). The appeal arose from an order of the National Company Law Tribunal, Mumbai (“NCLT”).
India Insolvency
J
JSA
Article
National Company Law Appellate Tribunal Holds That Non-conversion Of Optionally Convertible Debentures Does Not Extinguish Financial Debtor Bar Insolvency Proceedings
The National Company Law Appellate Tribunal (“NCLAT”), in Arvind Kumar vs. Beacon Trusteeship Limited and Anr., dismissed an appeal challenging the admission of a petition under Section 72 of the Insolvency and Bankruptcy Code, 2016 (“IBC”) by the National Company Law Tribunal, New Delhi (“NCLT”).
India Insolvency
J
JSA
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