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...
Author - Editor IBC Laws
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...