Manik Tanwar
Author DefaultThe Division Bench of Smt. Bidisha Banerjee, Member (Judicial) and Shri D. Arvind, Member (Technical), NCLT, Kolkata has considered the preamble of the Insolvency and Bankruptcy Code and various case laws to hold that...
Probationers of Indian Corporate Law Service call on the President
President’s Secretariat Probationers of Indian Corporate Law Service call on the President The probationers of Indian Corporate Law...
Enforcing an Arbitral Award under Section 9 of the IBC – By Harshal Chhabra and Shaswat Kashyap
Enforcing an Arbitral Award under Section 9 of the IBC Harshal Chhabra, 2nd year student at Gujarat National Law UniversityShaswat Kashyap, 3rd year student at Gujarat National Law University Section 9 of the Insolvency...
Project wise Resolution Plan: A new key to Resolution in Real Estate Insolvency – By Shubham Saini and Dhawal Desai
Project wise Resolution Plan: A new key to Resolution in Real Estate Insolvency “Insolvency and Bankruptcy Code is not a Panacea for all the ills, however for its effective implementation it requires a regular...
Shubham SainiPriority of EPF dues under the Insolvency Laws: A Labour Law Perspective – By Rupal Dugar and Dishay Chitalia
One of the key components of social security under the Indian labour law regime is the provident fund for employees created under the EPF Act, 1952. Such a form of contributory social security mechanism is extremely...
Pre-Packaged Insolvency: A Paradigm Shift in Resolving Financial Distress – By Riya Sagar and Shubhankar Agnihotri
Pre-Packaged Insolvency: A Paradigm Shift in Resolving Financial Distress Riya Sagar, 4th-year B.A.LL.B. student at Symbiosis Law School, NoidaShubhankar Agnihotri, 5th year, B.A.LL.B (H), student at Bennett University...
Riya Sagar
Shubhankar AgnihotriRestating the Principle: Enforceability of an Award Rendered by an Ineligible Arbitrator – Sayyam Jain
Restating the Principle: Enforceability of an Award Rendered by an Ineligible Arbitrator Sayyam Jain(3rd Year Law Student at the Institute of Law, Nirma University) Introduction The Delhi High Court by its order dated...
Third Party Funding Changing the Landscape of Indian Insolvency Ecosystem – By Siddharth Pardeshi and Aprajita Pandey
Third Party Funding Changing the Landscape of Indian Insolvency Ecosystem Siddharth Pardeshi and Aprajita Pandey(3rd Year Law Students of 3 years LLB Course at Government Law College, Mumbai) Introduction Third-party...
Aprajita Pandey
Siddharth PardeshiNavigating the complexity of Preferential Transactions: Lessons learned from recent Judicial Pronouncements – By Sukhmani Kaur
This article explores how Section 43 of the Insolvency and Bankruptcy Code (IBC) regulates preferential transactions and their relevant time. A thorough analysis of the subsections under Section 43 and shows that the...
Sukhmani KaurRERA Series I – Introduction to RERA Act, 2016 and Important Concepts – By Advocate Amarpal Singh Dua
This series of RERA aims to give a brief background of RERA Act and its essential concepts.
Amarpal Singh DuaCan a Creditor initiate CIRP against a Builder on default by Home Buyer in Home Loan Repayment
The amount involved in the present case cannot be considered as a Financial Debt within the definition of sub-section 8 of Section 5 of the Code.
An influx of Special Purpose Acquisition Companies in India – By Tanveen Kaur
Since ReNew, a renewable energy industry, in February 2021 used the SPAC route to be included in the NASDAQ exchange list to enter into an agreement with RMF Acquisition Corporation II, a US-based SPAC company, the SPAC...
International Arbitration : Need for International Arbitration – By Kratika Kushwah
The new law has been brought in a sea change in the law of arbitration and appears to be an improvement on the UNCITRAL Model Law. Its object inter alia is to be provide “a unified legal framework for the fair and...
Cross Border Insolvency and Its Challenges – By Rani Jha
The Gibbs rule can be overcome by applying international comity principles, resulting in a new cross-border insolvency regime being suggested in India. Victory over this archaic territorial rule would be a huge step...
Payment of EPF Dues is a Prerequisite to the Validity of a Resolution Plan – By Chidambaram Ramesh
The question of what happens if the NCLT-approved Resolution Plan does not include provisions for the payment of EPF due in its entirety has been answered by the NCLAT. In the case of Sikander Singh Jamuwal versus Vinay...
Evaluation of Resolution Plans under Pre-packs – CS Gaurav Joshi
Pre-packs is altogether a new concept in Indian Insolvency regime. We will only have to wait and see how effective pre-packs turns out to be as it will have to undergo lot of challenges before various legal issues that...
Mergers and Acquisitions in Relation to Intellectual Property Rights – Hemant Chaudhry
Mergers and Acquisitions in Relation to Intellectual Property Rights Mergers and Acquisitions ("M&A") have turned into the corporate world's most well known development procedures, particularly in quickly advancing...
Case Brief-Jurisdiction of Adjudicating Authority to issue Non-Bailable Warrant against Suspended Directors/Managements in case non-cooperation during Insolvency Proceedings
Case Brief of a recent case Vikram Puri (Suspended Director) Vs. Universal Buildwell Pvt. Ltd., reported at (2022) ibclaw.in 189 NCLAT.
Jurisdictional issues in Adjudicating the Company Matters – By Hemant Chaudhry
This article has explained the legal framework regarding the jurisdiction of company in adjudicating the matters along-with the legal issues which were raised pertaining to the jurisdiction which were resolved with the...
Analysing Section 7 of the IBC in light of ES Krishnaswamy vs. M/s Bharath Hi-Tech Builders Ltd. – By Ashish Dash
This article analyses how the Supreme Court on an appeal in ES Krishnamurthy & Ors v. M/s Bharath Hi-Tech Builders Pvt. Ltd. (2021) ibclaw.in 173 SC has provided much-needed clarification on the powers of NCLT under...
Grafting the impact on Corporate Governance in the aftermath of CIRP by the application of Insolvency and Bankruptcy Code, 2016 – By Satyaki Paul and Chandril Chattopadhyay
Grafting the impact on Corporate Governance in the aftermath of CIRP by the application of Insolvency and Bankruptcy Code, 2016 By Satyaki Paul, George School of Law, Konnagar, West Bengal and Chandril Chattopadhyay...
Case Brief-Judgment of Supreme Court in the matter of M/s Ruchi Soya Industries Ltd. Vs. Union of India & Ors.
This judgment holds significant importance qua all claims made by one or any State /Central Government or any local authority so far which was not a part of the resolution plan has no legs to stand in the eyes of law...
On Popular Demand: The Story of SPACs in India – By Nandini Shenai and Yashvi Gala
This Article aims to study the regulatory issues for SPACs in India, in light of SEBI’s plan to formulate a policy for SPACs. By way of this article, the authors have tried to navigate through the existing domestic...
Arbitration of Disputes relating to Insolvency law u/s 8 of Arbitration Act – By Deepanshi Gupta
A question arises as to the commencement of insolvency proceedings during the pending arbitration proceedings. If an arbitration proceeding is pending in an arbitral tribunal, that lands us to two outcomes: Read full...
Is the Resolution Plan under the Insolvency Code binding on the EPF authorities? – By Chidambaram Ramesh
Giving a compliance certificate under Section 30(2) of the I & B Code although the Resolution Plan does not provide for compliance with the provisions of the EPF & MP Act, as well as misrepresenting the facts in the...
Public offer & Private Placement of securities under Companies Act, 2013 – By Janhavi Shah
In case of a public offer there are more stringent disclosure requirements, and a prospectus is considered an important document in order to provide complete information to the members of the public and investors...
To apply or not to apply, Section 12(5) of Arbitration and Conciliation Act: That is the question! – By Aasthita Dutta Majumder
To apply or not to apply, Section 12(5) of Arbitration and Conciliation Act: That is the question! -By Ms. Aasthita Dutta Majumder, Rizvi Law College, University of Mumbai The Law Commission of India via the Arbitration...
Can the Jurisdiction of a Debt Recovery Tribunal be transferred to another State? – By Avesta Vashishtha
Recently, the Supreme Court of India, while hearing the case of State Bar Council of Madhya Pradesh vs Union of India (2021) ibclaw.in 178 SC, asked the High court(s) to take up cases pending in different Debt Recovery...
The Jurisdictional Conundrum of NCLT & DRT vis-à-vis Personal Guarantor – By Harsh Kumar
Thus, taking into account the judgment of Madras High Court along with section 95(1) read with section 60(2), the National Company Law Tribunal would have the jurisdiction to entertain the proceedings with respect to...
Pre-Packaged Insolvency Resolution Process in India: The Present and the Future – By Ishi Rohatgi & Sanya Sethi
-By Ishi Rohatgi & Sanya Sethi, 4th year law students at OP Jindal Global University Part I: Introduction The Insolvency and Bankruptcy Code, 2016 (“IBC”) was introduced to consolidate a plethora of...