India: Insolvency/Bankruptcy

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Insolvency law and bankruptcy law articles, thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics surrounding financial restructuring, insolvency and bankruptcy.

SC Holds That Contracts Terminated Prior To Insolvency Do Not Constitute 'Assets' Or 'Property' That Attract Protection Of Moratorium Under IBC

The SC, in A A Estates Private Limited v. Kher Nagar Sukhsadan Co-Operative Housing Society Ltd., held that the protection of moratorium under Section 14 of the Insolvency and Bankruptcy Code...

India Litigation

AP

AZB & Partners

SC Holds That Amounts Paid Towards Preference Shares Are Not Loans And Do Not Qualify As Debt Under IBC

The SC, in EPC Constructions India Ltd. v. Matix Fertilizers & Chemicals Ltd., has, inter alia, held that preference shares are part of a company's share capital and therefore, the amounts paid towards preference...

India Litigation

AP

AZB & Partners

Aviation Contracts And The Silent Role Of DGCA

Some contracts require more than mutual assent, they require regulatory grace. Although Indian aviation contracts, particularly aircraft lease, wet lease, maintenance, and engine support agreements...

India Transport

MC

MAHESHWARI & CO. Advocates & Legal Consultants

IBC - NCLAT Fortnightly Summary (Dec 1- Dec 15, 2025)

The following is a snapshot of the important orders passed by the National Company Law Appellate Tribunal ("NCLAT"), under the Insolvency and Bankruptcy Code, 2016 ("Code"), during the period...

India Insolvency

AP

Argus Partners

NCLT, Ahmedabad Held That The Essential Requirement Under Section 9 Of IBC Is The Existence Of Unpaid Operational Debt As On The Date Of Consideration Of The Application.

India Insolvency

Sagus Legal

Streamlining Debt Recovery: The Role Of Pre-Institution Mediation In Resolving Operational Creditor-Debtor Conflicts

India Insolvency

ML

MZM Legal

Insolvency And Bankruptcy Code At A Crossroads After The Standing Committee Review

India Insolvency

LP

Legitpro Law

Transacting With Hollow Companies: The Futility Of Insolvency Proceedings And How Businesses Can Protect Themselves

India Insolvency

BA

BTG Advaya

Insolvency And Bankruptcy Board Of India (Insolvency Professionals) (Second Amendment) Regulations, 2025

India Insolvency

AP

Argus Partners

Strengthening Creditor Remedies: NCLAT On SARFAESI Notices And Personal Guarantee

India Insolvency

IL

IndiaLaw LLP

CIRP Regulations (IBC): 7th Amendment - Disclosure Of Beneficial Ownership And 32A Eligibility

India Insolvency

KC

Khaitan & Co LLP

Personal Exposure Of Promoters In Insolvency

India Insolvency

KS

King, Stubb & Kasiva

Supreme Court: Holds Payments/Acknowledgment After Section 8 Notice Defeat Pre-Existing Dispute Defence

India Commercial

AP

Argus Partners

NCLT Kochi On Section 66 IBC: Accountability For Fraudulent Trading In Thesaurus Projects Pvt. Ltd.

India Insolvency

IL

IndiaLaw LLP

MeitY Signals A Sharper Turn In India's Data Protection Rollout

HS

Hammurabi & Solomon

Data Breach Reporting In India: Legal Obligations And Best Practices

SR

S.S. Rana & Co. Advocates

The New Labour Codes In Practice: A Compliance Roadmap For Employers

India Employment

DD

Dhir & Dhir Associates

India Rolls Out CNAP In 2026: Official Caller Name Display To Fight Spam, Powered By KYC Databases And Privacy Opt-Out

India Media & IT

Ka

Khurana and Khurana

SEBI (Stock Brokers) Regulations, 2026: A Structural Reset Of India's Broking Regulatory Framework

India Commercial

IL

IndiaLaw LLP

F&M - Dispute Resolution & ADR - Highlights 2025

As 2025 draws to a close, we reflect on a landmark year for Dispute Resolution & ADR in India through this curated roundup of 15 decisions rendered by the Supreme Court of India and various High Courts that have left an indelible mark on India's legal landscape.

India Litigation

Fox & Mandal

NCLAT: CoC Cannot Withdraw Resolution Plan After Approval

The National Company Law Appellate Tribunal ("NCLAT") in its recent judgement of Mehar Bhoomi Bhawan Private Limited v. Shashi Bhushan Prasad, Company Appeal (AT) (Insolvency) No. 1876 of 2025...

India Insolvency

AP

Argus Partners

Unjust Enrichment Post-Resolution: Justice Sundaresan Holds Award-Creditor Cannot Keep Money That No Longer Exists In Law

On 17 December 2025, a learned Single Judge of the Bombay High Court, Justice Somasekhar Sundaresan, delivered a crisp but far-reaching ruling in Reliance Naval & Engineering Ltd. v. Afcons Infrastructure Ltd....

India Insolvency

IL

IndiaLaw LLP

Strengthening Transparency In CIRP: A Legal Analysis Of IBBI (Insolvency Resolution Process For Corporate Persons) (Seventh Amendment) Regulations, 2025

The Insolvency and Bankruptcy Board of India's latest modification to the Corporate Insolvency Resolution Process (CIRP) framework marks a significant regulatory...

India Insolvency

IL

IndiaLaw LLP

Arbitral Tribunal Alone Decides Who May Invoke Arbitration, Supreme Court Reiterates

India Litigation

IL

IndiaLaw LLP

Correction Without Penalty, But Only Until 31 December: IBBI's Hybrid Regime For CIRP Compliance

India Insolvency

IL

IndiaLaw LLP

Does A Settlement Discharge A Personal Guarantor? NCLAT's Ruling In Jagtar Singh vs Gagan Gulati And Broader Legal Principles.

India Insolvency

LP

Legitpro Law

Liquidator Appointment After CIRP Failure: Key Takeaways From NCLAT's Ruling

India Insolvency

LP

Legitpro Law

A One-Stop Shop For The IBC Amendment Bill Of 2025 - Legal Update & Analysis Of The IBC's Next Turning Point

India Insolvency

MA

Metalegal Advocates

Financial Obligations In Corporate Insolvency: A NCLT Verdict On CIRP Costs

India Insolvency

IL

IndiaLaw LLP

Pre-existing Dispute Or Mere Moonshine? Supreme Court Unravels The Section 9 Gateway Under The IBC

India Insolvency

IL

IndiaLaw LLP

General Newsletter – December 2025

DL

DSK Legal

Novation, Settlement, And Guarantee Obligations: A Study Of NCLAT's Recent Judgment

India Commercial

AL

Anhad Law

Supreme Court Affirms Society's Right To Replace- Defaulting Developer In Insolvency Context

India Insolvency

IL

IndiaLaw LLP

Pre-existing Dispute Or Mere Moonshine? Supreme Court Unravels The Section 9 Gateway Under The IBC

The Supreme Court of India has, yet again, stepped in to arrest the creeping tendency of corporate debtors to stall Corporate Insolvency Resolution Process (CIRP) by raising spurious defences.

India Insolvency

IL

IndiaLaw LLP

General Newsletter – December 2025

Our commitment to keeping you informed about the latest legal developments continues. This month, we provide comprehensive updates across a wide array of practice areas, ensuring you're well-versed...

DL

DSK Legal

Novation, Settlement, And Guarantee Obligations: A Study Of NCLAT's Recent Judgment

In a significant ruling of Jagtar Singh vs Gagan Gulati, the National Company Law Appellate Tribunal (NCLAT), Principal Branch, New Delhi reflected on an important question under the Insolvency and Bankruptcy Code.

India Commercial

AL

Anhad Law

Supreme Court Affirms Society's Right To Replace- Defaulting Developer In Insolvency Context

The Supreme Court's ruling in A A Estates Pvt. Ltd. v. Kher Nagar Sukhsadan CHS Ltd. is a crucial judgment on how redevelopment disputes interact with insolvency law.

India Insolvency

IL

IndiaLaw LLP

RERA's Iron Grip Strengthened: Courts Redefine Allottee Rights In Mortgages, Leases & Insolvency

India Real Estate

IL

IndiaLaw LLP

CIRP Cannot Be Reopened Post CoC Approval, Rules NCLT

The National Company Law Tribunal (NCLT), Mumbai Bench, has delivered a reasoned and unequivocal order dismissing six belated claim applications filed by former employees of Indo Global Soft Solutions and Technologies Pvt. Ltd.

India Insolvency

IL

IndiaLaw LLP

Defining Financial Debt: NCLT Judgment Confirms IBC Cannot Be Invoked For Recovery Of Profit-Linked Investments

In a ruling that reinforces the strict contours of what qualifies as a financial debt under the Insolvency & Bankruptcy Code, 2016 (IBC), the National Company Law Tribunal (NCLT), New Delhi Bench...

India Insolvency

IL

IndiaLaw LLP

Analysis Of IBBI (Insolvency Professionals) Second Amendment Regulations, 2025

The Insolvency and Bankruptcy Board of India (IBBI) has officially released the Insolvency Professionals (Second Amendment) Regulations, 2025 via Notification No. IBBI/2025-26/GN/REG132 on 20 November 2025 where certain amendments were made.

India Insolvency

LP

Legitpro Law

Analysis Of The Insolvency And Bankruptcy Code (Amendment) Bill, 2025

The Insolvency and Bankruptcy Code, 2016 ("Code") was enacted in 2016 to unify India's fragmented insolvency framework to ensure a time-bound Corporate Insolvency Resolution Process ("CIRP").

India Insolvency

Saga Legal

IBBI (Insolvency Resolution Process For Personal Guarantors To Corporate Debtors) (Amendment) Regulations, 2025 Makes Accuracy And Punctuality Non-Negotiable For Resolution Professionals

India Insolvency

IL

IndiaLaw LLP

Seven Day Cure Command: Supreme Court Halts NCLT Rejection For Skipping Section 7(5)(b) Notice

India Insolvency

IL

IndiaLaw LLP

IBBI (Insolvency Professionals) (Second Amendment) Regulations, 2025 : An Analysis

India Insolvency

IL

IndiaLaw LLP

IBBI Discussion Paper, 14 November 2025: Proposed Re-calibration Of Valuation Architecture Under The Insolvency And Bankruptcy Code, 2016

India Insolvency

IL

IndiaLaw LLP

Streamlining Insolvency Appointments: IBBI's Second (2025) Guidelines For Professionals

India Insolvency

IL

IndiaLaw LLP

IBBI Notifies Insolvency Resolution Process For Corporate Persons (Sixth Amendment) Regulations, 2025

India Insolvency

Sagus Legal

High Court Of Madras Recognised Cryptocurrency As Property Capable Of Ownership And Protection Under Indian Law, While Granting Interim Injunction Under Section 9 Of A&C Act

India Technology

Sagus Legal

Section 138 Of The Negotiable Instruments Act, 1881: A Comprehensive Legal Analysis

MC

MAHESHWARI & CO. Advocates & Legal Consultants

IBBI Notifies The Insolvency And Bankruptcy Board Of India (Liquidation Process) (Second Amendment) Regulations, 2025

India Insolvency

Sagus Legal

Extinguishment Of Rights Of Personal Guarantor Once Secured Asset Is Auctioned: Reconciliation Of SARFAESI Act With IBC

India Insolvency

AP

AZB & Partners

Insolvency & Bankruptcy Code Updates (October 2025)

India Insolvency

HS

Hammurabi & Solomon

Dispute Resolution & ADR Newsletter - November 2025

India Litigation

Fox & Mandal

A Bird's Eye View Of The Insolvency And Bankruptcy Framework For Personal Guarantors Under The IBC With Recent Judicial Developments

India Insolvency

MA

Metalegal Advocates

Delhi High Court Upholds Validity Of Provident Fund Law Provisions On International Workers

India Employment

AP

AZB & Partners

IBBI Tightens Transparency Norms: New Disclosure Templates For Resolution Applicants To Safeguard Section 32A Immunity

India Insolvency

IL

IndiaLaw LLP

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Latest Videos

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IBBI CPE Guidelines 2025: Mandatory In-Person Learning For Insolvency Professionals Explained (Video)

IL

IndiaLaw LLP

Key Emerging Trends In Insolvency And Bankruptcy Code, 2016 (Webinar)

CP

Corporate Professionals

The Role Of Resolution Professionals In CIRP : Guiding The Committee Of Creditors (CoC) (Video)

HS

Hammurabi & Solomon

JSA Mint Video & Podcast Series | Episode 3: Financing India's Growth Story

J

JSA

Interplay Between Tax Laws, PMLA & IBC (Video)

SL

Shraff Legal Advocates

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