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...
Blog
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...