Empowerment of Committee of Creditors in the Replacement of Resolution Professionals under the Insolvency and Bankruptcy Code, 2016 Namrata Ghosh 3rd Year B.A. LL.B.(Hons.), National Law University, Odisha &...
Holding Company under Corporate Insolvency Resolution Process, as a Guarantor of its Subsidiary Company – By Owais S.Khan
Holding Company under Corporate Insolvency Resolution Process, as a Guarantor of its Subsidiary Company Owais S. Khan Final Year Student, Government Law College, Mumbai Recently, the Hon’ble Supreme Court (SC) in the...
SARFAESI 2002 prevails over Transfer of Property Act 1882: A Critical Analysis Of Celir LLP V. Bafna Motors – By Aryaditya Chatterjee
The Supreme Court’s decision may be a sigh of relief for the secured creditors wherein they will not be interrupted by the borrower after issuance of sale notice. However, the borrower’s rights are taking a major hit...
The Territorial Sovereignty Conundrum: A Barrier to Enforcement or a Bridge to Arbitration? – By Adv. Chetna Alagh
The Territorial Sovereignty Conundrum: A Barrier to Enforcement or a Bridge to Arbitration? Adv. Chetna Alagh (Advocate at the High Court of Delhi) Recognizing and enforcing foreign arbitral awards has always been...
Substance over Form: Supreme Court’s Approach to Security Deposits as Financial Debt in Insolvency Cases – By Urja Joshi & Soumya Tongaonkar
Substance over Form: Supreme Court’s Approach to Security Deposits as Financial Debt in Insolvency Cases Urja Joshi Law Graduate, B.B.A, LL.B (Hons.), SVKM’s Narsee Monjee Institute of Management Studies...
Court’s tryst to unburden their shoulders in the cases of Section 138 of NI Act: ADR as the way forward – By Anand Shankar
Court’s tryst to unburden their shoulders in the cases of Section 138 of NI Act: ADR as the way forward Anand Shankar Second Year, B.A., LL.B. (Hons.), National Law University, Jodhpur Introduction The connecting...
Classifying the costs of a terminated project as CIRP costs: A Judicial Outlook – By C A P Sai Srinivas
Classifying the costs of a terminated project as CIRP costs: A Judicial Outlook C A P Sai Srinivas VthYear, B.com LL.B. (Hons.), School of Law Lovely Professional University Introduction The Corporate Insolvency...
A Study on Inherent Power of NCLT to Recall a CIRP – Aditya Kumar & Aditya Narayan
A Study on Inherent Power of NCLT to Recall a CIRP Aditya Kumar & Aditya Narayan (3rd Year, B.A. (Hons. LL.B.), Chanakya National Law University, Patna. ) Abstract In this article, the authors analyse that the...
Case Analysis on RPS Infrastructure Ltd. vs. Mukul Kumar & Anr. – By Adv. Gurupriyan.S
Case Analysis on RPS Infrastructure Ltd. vs. Mukul Kumar & Anr. Adv. Gurupriyan.S (LL.M in Corporate & Financial Law & Policy, OP Jindal Global University, Sonipat) Introduction The case of RPS...
Spilt Relief: The Compartmentalization of COVID Period Under Section 10A of IBC – By Malak Bhatt & Samridhi
Spilt Relief: The Compartmentalization of COVID Period Under Section 10A of IBC Malak Bhatt & Samridhi(Malak is the Founding Partner, NM Law Chambers and Samridhi is an Associate at NM Law Chambers) The Insolvency...
New avenue to breaches of confidentiality under Indian Arbitration Law – By Anshika Kaushik
In conclusion the recent ruling in the case of Kamaladitya Constructions Pvt. Ltd. v. UOI highlights critical juncture in the Indian arbitration law. It is usually difficult to end the mandate and find a new arbitrator...
Treatment of Invoice Factoring under The Code – By Sriram Venkatavaradan & Saai Sudharsan Sathiyamoorthy
Treatment of Invoice Factoring under The Code Sriram Venkatavaradan & Saai Sudharsan Sathiyamoorthy Advocates Introduction A typical factoring agreement involves a company legally assigning its outstanding invoices...
IBBI’s Proposal for A Single Valuer Model under CIRP – By Anshika Kaushik
While the other three proposals outlined in the consultation paper are much appreciated offering constructive development especially the one concerning creditors' rights to pursue guarantors and enforce guarantees as...
Navigating Complexities of Arbitration: Mergers, Amalgamations, and Impacts – By Shivam Agrawal and Adwitiya Gupta
The core issue revolves around the uncertainties and legal complexities that arise when corporate entities engaged in arbitration agreements undergo mergers or amalgamations, raising questions about the continued...
In the Eyes of Justice: Exploring Concerns of Bias in Arbitration Proceedings – Adv. Abhishek Bhushan Singh & Khushi Bansal
In the Eyes of Justice: Exploring Concerns of Bias in Arbitration Proceedings Adv. Abhishek Bhushan Singh Advocate Litigation & Disputes Resolution Assisted by: Khushi Bansal 4th year, B.A. LL.B., Symbiosis Law...
Elucidating ‘Security Deposit’ enigma under IBC: Financial or Operational Debt? – Manisha Soni
Elucidating ‘Security Deposit’ enigma under IBC: Financial or Operational Debt? Manisha Soni 4th Year, BA.LL.B.(Hons), Gujarat National Law University, Gandhinagar The Supreme Court in Global Credit Capital Limited v...
The Limits of S. 29A: Why Its Scope Shouldn’t Extend Beyond CIRP – Mohak Agarwal & Lavanya Agarwal
Entrepreneurship thrives on innovation and risk-taking which are widely viewed as the critical components of the success of any economy. In high power distance countries like India, fostering a culture of risk-taking is...
From Unseen to Foreseen: The Financial Creditor Status of Homebuyers in IBC – By Harshita Vaashite
From Unseen to Foreseen: The Financial Creditor Status of Homebuyers in IBC Harshita Vaashite 5th Year BA LL.B (Hons.), Hidayatullah National Law University, Raipur Abstract Aiming to maximize asset value, encourage...
Interpretation of proviso of Section 33(5) of Insolvency and Bankruptcy Code (IBC) 2016 – CS Nutan Rajendra Thakkar
Interpretation of proviso of Section 33(5) of Insolvency and Bankruptcy Code (IBC) 2016 CS Nutan Rajendra Thakkar Director at Rajendra M Thakkar (Ravasia) and Sons Pvt. Ltd. Once Liquidation order has been passed...
The Role of Mediation in Resolving Insolvency Disputes – By Aishwarya
The Role of Mediation in Resolving Insolvency Disputes Aishwarya 3rd Year, B.A. LL.B.(Hons.), Chanakya National Law University, Patna Mediation is a process wherein the disputing parties make an attempt to reach a...
ESG in IBC Over-Enthusiasm or the most Practical Approach: Critical Analysis – Vinit Bachwani & Arunima Sao
ESG in IBC Over-Enthusiasm or the most Practical Approach: Critical Analysis Vinit Bachwani & Arunima Sao 5th year, B.A. LL.B(Hons.), Hidayatullah National Law University Introduction The neo-classical concepts of...
Framework for Protection of Public Equity Shareholders in case of Listed Companies undergoing CIRP: A necessity or unnecessary interference by SEBI? – Arunima Sao & Vinit Bachwani
Framework for Protection of Public Equity Shareholders in case of Listed Companies undergoing CIRP: A necessity or unnecessary interference by SEBI? Arunima Sao & Vinit Bachwani 5th year, B.A. LL.B(Hons.)...
Case Analysis on Vidarbha Industries Power Ltd. Vs. Axis Bank Ltd. – By Adv. Nitika Rawat
Case Analysis on Vidarbha Industries Power Ltd. Vs. Axis Bank Ltd. Adv. Nitika Rawat LL.M., O.P. Jindal Global University Introduction The Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as ‘the Code’) was...
Comparative Analysis of the Impact of Buyer’s Insolvency on Contract of Sale Across Various Jurisdictions – By Ujjwal Agrawal
Comparative Analysis of the Impact of Buyer’s Insolvency on Contract of Sale Across Various Jurisdictions Ujjwal Agrawal 4th Year B.A. L.L.B. (Business Law Hons.), National Law University, Jodhpur Abstract This...
Deciphering Supreme Court’s Ruling in Global Credit Capital v. Sach Marketing – By Aparana Sharan
The Supreme Court’s ruling in the GCCL Case is pivotal for India’s insolvency resolution framework. By adopting a contextual interpretation of statutory definitions, the Court emphasized assessing the true nature of...
Cape Town Convention: Rationalising the Interests of Aircraft Lessors during Moratorium under IBC – By C A P Sai Srinivas
Cape Town Convention: Rationalising the Interests of Aircraft Lessors during Moratorium under IBC C A P Sai Srinivas 4th Year, B.com LL.B(Hons.), School of Law Lovely Professional University Introduction The Insolvency...
Case Analysis of B.K Educational Services Pvt. Ltd. Vs. Parag Gupta & Associates – By Adv. Manikantan S Kandathil
The Supreme Court’s decision in case needs to be reconsidered to avoid the NCLT getting inundated with insolvency applications based on old debts that shouldn't be legally pursued anymore and requests to overlook the...
Artificial Intelligence and Intellectual Property Law: Navigating New Frontiers – By Divyanshu Divyam
Artificial Intelligence is opening up exciting new possibilities. But it also challenges our traditional ideas about creativity and invention. As AI becomes more capable, our legal systems will need to evolve. By...
Moratorium under Insolvency and Bankruptcy Code 2016 – By Gourav Bavishi
Moratorium generally continues till the corporate insolvency resolution process comes to an end. Section 12[10] of the Insolvency and Bankruptcy Code talks about the time limit till when the insolvency resolution...
Initiation of Insolvency Proceedings against a Personal Guarantor of a Corporate Debtor: Navigating the Uncertainties – By Diksha Kumari & Mohak Agarwal
Under the IBC, numerous personal guarantors to firms have been dragged before tribunals this year for the recovery of thousands of crores of debt raised by companies backed by them. According to experts, the move...