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...
Personal Guarantee and The Dynamics in the Process of Insolvency – By CS Siddharth Pardeshi
Personal Guarantee and The Dynamics in the Process of Insolvency CS Siddharth Pardeshi The main aim of this article is to understand how personal insolvency plays a role in the current resolution process against the...
Compulsory Execution of Agreement for Sale between Builder and Homebuyer – An overview – By Aryan Raj & Amrisha Kumari
Compulsory Execution of Agreement for Sale between Builder and Homebuyer – An overview Aryan Raj & Amrisha Kumari 3rd Year, B.A. LL.B.( Hons.), Chanakya National Law University, Patna Introduction When a...
Initiation of Corporate Insolvency Resolution Process by Financial Creditors under Section 7 of the IBC: Scope, Requirements, and Procedures – By Shivam Jadaun
Based on Section 7 of the Insolvency and Bankruptcy Code, 2016, financial creditors wield a crucial tool to initiate Corporate Insolvency Resolution Processes (CIRP) against defaulting corporate debtors. This provision...
Group Arbitrations vis-à-vis the ‘Group of Companies’ Doctrine in India – By Tazeen Ahmed & SK Raqueeb
Group Arbitrations vis-à-vis the ‘Group of Companies’ Doctrine in India Tazeen Ahmed & SK Raqueeb 5th Year, B.A. LL.B.(Hons.), Faculty of Law, Jamia Millia Islamia, New Delhi Abstract Recently, class, collective...
Liquidation Procedure, Regulation and Liability of a Purchaser of an Asset in a Liquidation Process – By Jose S Jose
Liquidation Procedure, Regulation and Liability of a Purchaser of an Asset in a Liquidation Process Jose S Jose Seventh Semester, B.A. LL.B.(Hons.), National University of Advanced Legal Studies (NUALS), Kochi The...
Navigating Interest and Damages in Provident Funds: Various Judicial Perspective – By Rishita Sinha
Navigating Interest and Damages in Provident Funds: Various Judicial Perspective Rishita Sinha 4th Year, BBA LL.B., National Law University Odisha What are Provident Funds ? The Insolvency and Bankruptcy Code of 2016...
Privileges and Professional Secrecy in attorney-client relationship – By Purbasha Panda
Privileges and Professional Secrecy in attorney-client relationship Purbasha Panda (Independent Corporate Counsel) Introduction The attorney-client relationship stands as the bedrock of the Indian legal system. The...
Empowerment of Committee of Creditors in the Replacement of Resolution Professionals under the Insolvency and Bankruptcy Code, 2016 – By Namrata Ghosh & Soubhagya Khandual
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...