Redevelopment Projects under Moratorium – Refuge for Developers? Owais Khan LL.B- Government Law College, Mumbai A Moratorium constitutes a very important element within the framework of Corporate Insolvency Resolution...
A Checkmate to the Guarantor’s Gambit? – Divya Sree Kamana
A Checkmate to the Guarantor’s Gambit? Divya Sree Kamana Final Year B.A. LL.B, Damodaram Sanjivayya National Law University Consider a scenario where an individual assumes responsibility for covering a...
Restoring Homebuyer Confidence via Regulation 46-A: A Flawed Truce? – By Yadu Krishna and Anjana O.C.
The IBC is a beneficial legislation that is aimed at putting the company back on its feet rather than being mere recovery legislation for the creditors. Such an effort to recoup the company requires adequately tending...
Insolvency Professional: A SWOT Analysis – By Paridhi Agrawal
The process of resolving the issues faced by JPCL proved to be quite arduous and intricate. The task at hand was to find a solution for a hydro power asset that was only halfway completed, but required a significant...
Economic Analysis of Insolvency Resolution Plans: A Framework for Preserving Competition and Ensuring Viability – By Arihant Sethia and Neha Bhambhani
The interplay between merger, competition, and insolvency laws underlines the importance of creating a balance between restructuring of distressed firms and competition rules. Economic analyses suggest that merging...
Restructuring Municipal Debt in India for Financial Sustainability – By Harshitha Ulphas
The rise of municipal bonds in India, driven by SEBI regulations and indices like the Nifty India Municipal Bond Index, represents a key milestone in municipal finance. These bonds offer promising funding for...
Revamping Antitrust for Digital Ecosystems: Towards a New Regulatory Paradigm – By Suhani Suman
Various jurisdictions are taking multiple steps to prevent any anti- competitive action while working towards revamping their anti-trust to the new digital economy. Like at present various countries Anti-trust...
Conflict between PMLA and IBC – Nihal Keshav
It is pretty evident that both the acts come into conflict when both assert the claim over the same asset. Further, the presence of a non-obstante clause in both statutes further complicated the situation. Indian...
A Study on Doctrine of Public Policy under Cross Border Insolvency – By K Yamini Reddy and Devendra Sai Kumar Musunuri
That several potential issues related to cross-border insolvency have been identified in the extensive research on the subject in recent years. An important question is whether these issues are acknowledged in all...
Case Analysis on B.K. Educational Services (P) Ltd. V. Parag Gupta & Associates – By Sanchita Gaur
The Amendment Act was introduced to stop bankruptcy cases from using previous claims, dead and stale claims. Recent rulings by the NCLAT, however, indicate that more clarification is required. The Limitation Act may be...
Case Law Analysis on State Tax Officer Vs. Rainbow Papers Ltd. – By Adv. Barkha Bansal
The main legal problem was whether the government is a secured creditor who has the right to claim satisfaction of its debt at first as per the meaning of section 48 of GVAT Act or whether the government is to receive...
The Blanket of Barring Suits: Moratorium Under Section 14 of IBC – By Abhinav Mishra
The moratorium provision under section 14 of the Insolvency and Bankruptcy code serves as a crucial tool in the CIRP process by providing a calm period and temporary shield from disputes and initiation of suits and...
IBBI: Appointment of Executive Director (ED) on deputation basis
Appointment of Executive Director (ED) on deputation basis The Insolvency and Bankruptcy Board of India (IBBI), a statutory body established under the Insolvency and Bankruptcy Code, 2016, invites applications for 01...
IBBI silent on allocation of Disciplinary Cases : RTI
IBBI silent on allocation of Disciplinary Cases : RTI Nipun Singhvi, an advocate and RTI activist filed RTI with Insolvency and Bankruptcy Board of India (IBBI) to reveal the reason of creating two members Disciplinary...
Stay or interim suspension of wilful defaulter status enable eligibility for promoter u/s 29A of IBC | SEBI debarment of Corporate Debtor u/s 29A(b) shall not be attracted on the Promoter Director
Stay or interim suspension of wilful defaulter status enable eligibility for promoter u/s 29A of Insolvency and Bankruptcy Code, 2016 Promoter Director of Corporate Debtor, participating as a Resolution Applicant, shall...
Whether Legal Services of the Lawyer/Advocate are covered under the Consumer Protection Act, 2019, Supreme Court decides
Legal Profession is sui generis i.e. unique in nature and cannot be compared with any other Profession Today, a two judge Bench of Hon’ble Supreme Court, comprising of Justice Bela M. Trivedi and Justice Pankaj...
The Compromised Position of “Secured Creditors” under The Real Estate Regulatory Authority Act, 2016 – By Aryaditya Chatterjee
It is clear that the position of the secured creditors have been compromised due to the judgments of the Supreme Court where the RERA has been given precedence over the SARFAESI . In such a scenario, the secured...