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...
Restating 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...
Navigating 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...
Can 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.
Protected: Authority to Appoint Sole Arbitrator Despite Contrary Agreement Affirmed: Analyzing Emerging Trends in Arbitrator Appointments – By Adwitiya Gupta & Suprava Sahu
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Upholding the Integrity of Insolvency Proceedings in RPS Infrastructure Ltd. V. Mukul Kumar & Anr. – By Ayush Verma and Lakshya Haritwal
The judgment marks a pivotal moment in the development of India's insolvency framework. By maintaining the integrity of the resolution process and underscoring the significance of adhering to established timelines, the...
The arbitrary imposition of the requirement of ‘a Resolution Plan meeting the Liquidation Value’, without considering the amount brought in by homebuyers goes against the legislative intent and causes the failure of CIRP – By Adv. Kiran Gopi
The article is about the curious case of failure of the Corporate Insolvency Resolution Process (CIRP) of a real estate developer (Corporate Debtor/ ‘CD’), wherein the Resolution Plans submitted by homebuyers were...