Author DefaultOn admission of the application, the adjudicating authority is required to appoint an Interim Resolution Professional (for short, ‘IRP’) in terms of Section 16(1) of the Code. This exercise is to be done by the...
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The expression “and” occurring in section 8(2)(a) may be read as “or”- Mobilox Innovations (P) Ltd. Vs. Kirusa Software (P) Ltd.- Supreme Court
On appeal, the Supreme Court held as follow: The adjudicating authority, when examining an application under Section 9 of the Act will have to determine: (i) Whether there is an “operational debt” as defined exceeding...
Entry of Home Buyers under IBC
Entry of Home Buyers under Insolvency and Bankruptcy Code (IBC), 2016 via amendment ordinance namely “Insolvency and Bankruptcy Code (Amendment) Ordinance, 2018 (6 of 2018) (hereafter referred “the...
Case study of the JEKPL Case
A. Case Outline: “The judgment is set aside,” said the National Company Law Appellate Tribunal, beginning the denouement of an acquisition saga that might well result in Hindustan Oil Exploration Company (HOEC)...
Arguments and the Apex Court’s ruling in the matter of Swiss Ribbons Pvt. Ltd. & Anr. Vs. Union of India & Ors. (Writ Petition (Civil) No. 99 Of 2018 dated 25.01.2019)
Summary of Landmark Judgement of Supreme Court in Swiss Ribbons Pvt. Ltd. & Anr. Vs. Union of India & Ors.
The IBBI amends the CIRP-The CIRP(Amendment) Regulations, 2019
The Insolvency and Bankruptcy Board of India amends the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 (See amended CIRP Regulation) The Insolvency and...