The Supreme Court of India in the recent judgment of Manish Kumar and others vs. Union of India , ruled against a group of allottees of real-estate projects who had challenged the amendments to the Insolvency and Bankruptcy Code Act 2020.
TMT Law Practice
The Government of India (GoI) imposed an absolute lockdown due to the pandemic on March 24, 2020, which was extended multiple times.
The reason behind this is that the pre-pack is a
voluntary consensual process between debtors and creditors to
Obhan & Associates
It is safe to say that the Insolvency and Bankruptcy Code, 2016 ("IBC" or "Code") and the regime it has spawned, has effected a complete turnaround in the way insolvency and liquidation proceedings were dealt with in India.
VGC Law Firm
The Supreme Court recently in Phoenix Arc Private Limited v. Spade Financial Services Ltd. and others dealt with two sets of appeals being Civil Appeal No. 2842 of 2020 and Civil Appeal No. 3063 of 2020
With global economies and businesses transcending boundaries, national laws limited by territorial borders find themselves engulfed in constant strife when it comes to cross-border disputes.
In a contract of guarantee, a guarantor undertakes to perform the contractual obligations on behalf of or towards discharge of the liability of the principal debtor towards a creditor, in the event that such PD has defaulted ...
King, Stubb & Kasiva
The insolvency resolution process in India has in the past elaborated the simultaneous operation of several statutory instruments.
Last year, the Indian government suspended the initiation of new insolvency proceedings under the Insolvency and Bankruptcy Code, 2016 (IBC) in relation to the defaults occurring...
In order to recalibrate the Minimum Public Shareholding (MPS) requirements for listed companies which are presently going under Corporate Insolvency Resolution Process (CIRP)...
The Law Point
The Insolvency and Bankruptcy Code, 2016, has boosted the industry in terms of either reviving the company in question or faster liquidation of the same without letting them deteriorate.
The Law Point
The conflict between the Insolvency and Bankruptcy Code (IBC) and the Sarfaesi Act has once again come to the fore as the RBI rejected a resolution plan submitted by UV Asset Reconstruction (UVARCL) to acquire Aircel's assets.
In November 2019, after reports of a large-scale financial scam, Dewan Housing Finance Corporation Ltd (DHFL) became the first non-banking financial company to be referred...
In recent times, several noteworthy judgments have been rendered by Indian courts and tribunals in matters involving the law of insolvency and bankruptcy in India. Some recent decisions rendered
VGC Law Firm
Recently, in Anup Sushil Dubey v. National Agriculture Co-operative Marketing Federation of India Ltd, the NCLAT dealt with the issue "Can lease rentals arising out of use and occupation...
The Insolvency and Bankruptcy Code, 2016 (IBC) aims to revive debtor entities facing financial stress.
For the gift deed or release deed to be legally valid, it is necessary that it is registered with the sub-registrar of assurances having appropriate jurisdiction
Link Legal India Law Services
The issue in the matter of Piramal was relating to question whether CIRP can be initiated against two Corporate Guarantors simultaneously for same set of debt and default.
Khurana and Khurana
The Insolvency and Bankruptcy Code stands to be one of the most direly needed legislation in the wake of the increasing corporate culture
Khaitan & Co
The Insolvency and Bankruptcy Board of India (IBBI) on 13 November 2020 issued the Insolvency and Bankruptcy Board of India (Liquidation Process) (Fourth Amendment) Regulations...