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...
Author - Editor IBC Laws
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...