IBC Laws Blog

Spurious Shield: “Pre Existing Dispute” under section 8(2) (a) as a tool to delay CIRP by the Corporate Debtor – By Radhika Baderia & Aditya Pratap Singh

High Court had correctly applied a prima facie review to determine the genuineness of the dispute, highlighting Goqii's strategic attempt to avoid payment by raising baseless allegations only after receiving a demand notice under the IBC, 2016. The...

Arbitration v. Court: Examining the Arbitrability of Shareholder Disputes in India – By Amit Kumar

Arbitration v. Court: Examining the Arbitrability of Shareholder Disputes in India Amit Kumar 3rd Year, B.A. LL.B(Hons.), Chanakya National Law University, Patna Introduction Lately, with the boom in business activity in India, the parties across...

Glas Trust Company LLC v Byju Raveendran: Reaffirming Collective Interest Principle in IBC Settlements – By Preeti Thakur

Glas Trust Company LLC v Byju Raveendran: Reaffirming Collective Interest Principle in IBC Settlements  Preeti Thakur Second Year LL.B. (Hons.), National Law School , Bengaluru Introduction The Insolvency and Bankruptcy Code, 2016 (“IBC”) was...

Decoding the Conundrum of Rectificatory Jurisdiction of NCLT under Section 59 of Companies Act – By Ashita Chawla & Amarpal Singh Dua

Decoding the Conundrum of Rectificatory Jurisdiction of NCLT under Section 59 of Companies Act  Ashita Chawla & Amarpal Singh Dua Advocates Practicing before the Supreme Court of India Introduction This article intends to analyse the scope of...

Navigating Procedural Complexities Concerning Resolution Plans in Insolvency Law: Recent Precedents and Implications – By Shivansh Kaushik and Chetana Goud

Navigating Procedural Complexities Concerning Resolution Plans in Insolvency Law: Recent Precedents and Implications Shivansh Kaushik  4th Year, B.A. L.L.B. (Hons.), NLU Odisha Chetana Goud 4th Year, B.A. L.L.B. (Hons.), NLU Shimla Abstract The...

The Evolution of Pre-CoC Settlements Under IBC: Analyzing the Impact of GLAS Trust v. Byju Raveendran Or Deviation from the earlier precedents: Why Byju’s judgment revives certain old but dead problems – By Pervinder Chatrapati & Shikher Upadhyay

The GLAS Trust judgment represents a significant shift toward procedural rigidity in pre-CoC settlements. While this promotes consistency and creditor protection, it necessitates careful navigation of the prescribed...

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