Winding Up of a Company by a Tribunal- Analysis Adv. & IP Akhila Bolla (B.Com, LL.B, LL.M, PGIP) Adv. K.S. Samiksha (B. Com, LL.B) Introduction The Companies Act, 2013 in India contains provisions for the winding...
Significance of issuing Notice under Sections 10, 31, 33, 94, 99 and 112 of IBC – By Simarpreet Kaur Chabbra
Significance of issuing notice under Sections 10, 31, 33, 94, 99 and 112 of IBC Simarpreet Kaur Chabbra[1] LRA NCLT Bengaluru Bench Abstract According to the landmark decision of the Hon’ble NCLAT in Go Air Airlines...
Viability of Reverse Corporate Insolvency Resolution Process: Addressing India’s Real Estate Insolvency Crisis – By Gautam Jha & Anushka Sharma
Viability of Reverse Corporate Insolvency Resolution Process: Addressing India’s Real Estate Insolvency Crisis Gautam Jha & Anushka Sharma 4th Year, B.A. LL.B, NMIMS, Indore Introduction and Background The Indian...
Limitation Period for Interim Awards: When Does Clock Start Ticking? – By Nihareeka Ghadage and Soham Bhagwat
Limitation Period for Interim Awards: When Does Clock Start Ticking? Nihareeka Ghadage 5th year B.A.LL.B., ILS Law College, Pune & Soham Bhagwat 5th year B.A.LL.B., Shankarrao Chavan Law College, Pune...
Case Analysis of Judgement of Noida Power Company Limited v Mr. Gaurav Katiyar RP of Earthcon Universal Infractech Pvt. Ltd. – By Adv. Sahil Arora
Case Analysis of Judgement of Noida Power Company Limited v Mr. Gaurav Katiyar RP of Earthcon Universal Infractech Pvt. Ltd.1 Adv. Sahil Arora Advocate, Delhi High Court Brief Background of Appeals Appellants filed...
The Evolution of Pre-CoC Settlements Under IBC: Analyzing the Impact of GLAS Trust v. Byju Raveendran Or Deviation from the earlier precedents: Why Byju’s judgment revives certain old but dead problems – By Pervinder Chatrapati & Shikher Upadhyay
The GLAS Trust judgment represents a significant shift toward procedural rigidity in pre-CoC settlements. While this promotes consistency and creditor protection, it necessitates careful navigation of the prescribed...
Streamlining arbitration proceedings: How the Draft Arbitration Bill seeks to harmonize the seat and venue conundrum – By Shloak Sanghvi
Streamlining arbitration proceedings: How the Draft Arbitration Bill seeks to harmonize the seat and venue conundrum Shloak Sanghvi Final year LL.B. , Government Law College, Mumbai Introduction The government has...
Consolidated CIRP in IBC: An Invention of NCLT Rule 11 – By Owais S. Khan
Consolidated CIRP in IBC: An Invention of NCLT Rule 11 Owais S. Khan Final year Student, Government Law College, Mumbai Introduction: Recently, the Hon’ble Supreme Court (SC) in the GLAS Trust Company LLC vs. BYJU...
Grounded Resolutions: Lessons from Jet Airways and SBI vs. Jalan-Fritsch on the IBC’s Turbulent Path – By Varun Chikhale
Grounded Resolutions: Lessons from Jet Airways and SBI vs. Jalan-Fritsch on the IBC’s Turbulent Path Varun Chikhale 4th Year, B.B.A. LL.B., Symbiosis Law School, Nagpur Introduction The Insolvency and Bankruptcy Code...
Judicial Review: Supreme Court Reinstates Insolvency Proceedings Against Byju’s Amid BCCI Settlement Controversy – By Mulanshu Vora
Judicial Review: Supreme Court Reinstates Insolvency Proceedings Against Byju’s Amid BCCI Settlement Controversy Mulanshu VoraFinal year, LL.B., KC Law College, Mumbai Brief Background of the Case: Think and Learn...
Road to Settlements- Byju’s Ordeal – By Mr. Nipun Gautam & Mr. Kumar Anurag Singh
Road to Settlements- Byju’s Ordeal Mr. Nipun Gautam & Mr. Kumar Anurag SinghInsolvency and Commercial lawyers based out of Delhi, Mumbai Prologue: A significant ruling passed by the Hon’ble Supreme Court in the...
Revisiting the P. Mohanraj Judgment: Advocating for a Case-by-Case Approach to the Moratorium – By Onik Joshi
Revisiting the P. Mohanraj Judgment: Advocating for a Case-by-Case Approach to the Moratorium Onik Joshi Final year, LL.B. , Government Law College, Mumbai The Insolvency and Bankruptcy Code (“IBC”) was enacted in 2016...
Interplay of ESG and Insolvency Laws in India: Navigating a New Era of Corporate Accountability – By Anchal Jindal
The interplay between ESG and insolvency laws in India is still evolving, but it is clear that ESG factors are becoming increasingly relevant to the way insolvency processes are conducted. As Indian companies and...
Balancing Accountability and Growth: The De-Criminalization movement in Indian Corporate Law – By Aishwarya
Balancing Accountability and Growth: The De-Criminalization movement in Indian Corporate Law Aishwarya 3rd Year, B.A. LL.B., Chanakya National Law University, Patna Introduction The decriminalization of company law...
Role of Insolvency and Bankruptcy Code on Distressed Mergers and Acquisitions – By Tejaswani Prasadam
Role of Insolvency and Bankruptcy Code on Distressed Mergers and Acquisitions Tejaswani PrasadamLL.M., NALSAR-IICA Abstract Insolvency and Bankruptcy Code, 2016 revolutionized the management of distressed assets in...
Understanding Jurisdiction in Corporate Insolvency: (NCLT Section 60(5) IBC vs. High Court -Article 226) – Go Air Case Analysis – (Accipiter Investments Aircraft 2 Ltd. v. Union of India) – By Harsh Vardhan Jaiswal
Understanding Jurisdiction in Corporate Insolvency: (NCLT Section 60(5) IBC vs. High Court -Article 226) – Go Air Case Analysis – (Accipiter Investments Aircraft 2 Ltd. v. Union of India[1]) Harsh...
Functionally Defunct Stockbroker under Sections 3(7) and 3(17) of IBC – By Akhilesh
Functionally Defunct Stockbroker under Sections 3(7) and 3(17) of IBC AkhileshAdvocate & Company Secretary, Partner Inmacs Law Offices. The recent decision by the Hyderabad Bench of the Hon’ble National Company Law...
Reviving Failing Corporates: An Analytical Study of CIRP under IBC, 2016 – By Maanvi Trivedi
Reviving Failing Corporates: An Analytical Study of CIRP under IBC, 2016 Maanvi Trivedi Final Year, B.B.A. LL.B.(Hons.), Symbiosis Law School, Hyderabad Introduction For any business establishment to function...
Arbitrability of Disputes arising post Discharge of Contract by Accord & Satisfaction – By Arjun Gupta, Adimesh Lochan & Shruti Dhonde
Arbitrability of Disputes arising post Discharge of Contract by Accord & Satisfaction Arjun Gupta Leader Adimesh Lochan Senior Member Shruti Dhonde Member Nishith Desai Associates Discharge of a contract by ‘accord...
Multiple Section 9 filings under scrutiny: NCLAT’s efforts to prevent abuse of IBC – By Samriddhi & Pragya Saigal
Multiple Section 9 filings under scrutiny: NCLAT’s efforts to prevent abuse of IBC Samriddhi & Pragya Saigal 3rd Year, B.A. LL.B. (Hons.), National Law University, Odisha Introduction In the recent case of M/s...
Rohan Builders. v. Berger Paints: Time vs Justice in Arbitration – By Sharnam Agarwal
Rohan Builders. v. Berger Paints: Time vs Justice in Arbitration Sharnam Agarwal 2nd Year, B.A.LL. B (Hons.), National Law Institute University, Bhopal Introduction In India, Arbitration law is governed primarily by the...
Eva Agro Feeds Pvt. Ltd. v. Punjab National Bank: A Landmark Ruling – By Ananta Chopra
The case of Eva Agro Feeds Pvt. Ltd. v. Punjab National Bank, decided by the Supreme Court, represents a major shift in the insolvency landscape of India. This ruling upholds the finality of legitimate auctions and...
Criticality of the Hour to introduce amendments to IBC enabling the Code to mature from nascency – By Adv. Sugandh Kochhar
The Code aims to encourage entrepreneurial spirit, but in practice, lenders often dominate the insolvency process, treating it as their own domain. The “commercial wisdom of the CoC” should not be regarded as absolute...
Tale of notifications issued by IBBI – Whether Retrospective or Not? – Kiran Sharma & Eshwarya Saraf
IBBI vested with enormous responsibilities for efficient execution of IBC endeavors to ensure that the clarification, notifications and/or circulars issued are for easier understanding and not create further confusion...
The Varying Colors of Dues Payable to the Government in the IBC Regime – A Hue of Trust – By Aditya Vyas
The Varying Colors of Dues Payable to the Government in the IBC Regime – A Hue of Trust Aditya VyasAdvocate, Supreme Court of India Introduction The Indian landscape on the nature of dues payable to the government under...
Conundrum around admission and payment of provident fund dues as per IBC – By Rohit Sharma
Conundrum around admission and payment of provident fund dues as per IBC Rohit Sharma Partner, Consultepreneurs LLP Advocates and Solicitors, Mumbai Introduction By way of a judgement dated 10.07.2024[1], in the matter...
Why Section 5 of The Limitation Act doesn’t affect Section 34 of Arbitration Act’s applications – By Vedant Mishra
Why Section 5 of The Limitation Act doesn’t affect Section 34 of Arbitration Act’s applications Vedant Mishra 4th Year, B.A. LL.B. (Hons.), National Law University Odisha Introduction The idea that...
Payment of Rent during the CIRP Process – Plight of the Landlords or Relief to Corporate Debtors? – By Ramsha Khan
Payment of Rent during the CIRP Process – Plight of the Landlords or Relief to Corporate Debtors? Ramsha Khan B.A.LL.B. (Hons), Faculty of Law, Aligarh Muslim University Introduction Insolvency and Bankruptcy Code...
Company Secretaries and Legal Representation: Board Approval or Not? – By Bhavya Sharma & Shivam Agrawal
The role of a Company Secretary in corporate governance has evolved to include greater responsibilities and statutory recognition, particularly under the Companies Act, 2013. As Key Managerial Personnel (KMP), Company...
Analysis on Role and Responsibilities of Insolvency Professionals in the Corporate Insolvency Resolution Process – By Adv. Sahil Arora
Analysis on Role and Responsibilities of Insolvency Professionals in the Corporate Insolvency Resolution Process Adv. Sahil AroraHigh Court of Delhi Introduction The Insolvency and Bankruptcy Code, 2016 (in short...