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...
Blog
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
This content is password protected. To view it please enter your password below:
Password:
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...