IBC Laws Blog

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 and satisfaction’ or ‘full and...

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 Agarwal Foundries Private Limited...

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 Arbitration and Conciliation...

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 restricts unjustified...

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, as the CoC acts as an...

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