Interplay of Statutory dues under the Indian Insolvency Regime The judgement of the Hon’ble Supreme Court, in the case of State Tax Officer v. Rainbow Papers Limited1 has recently dealt with two...
Overcoming the conundrum owing to Vidarbha Industries Judgment With the advent of Insolvency and Bankruptcy Code, 2016 (“IBC”/ “Code”), the Financial Creditors and Operational Creditors were...
POWERS OF NCLT UNDER SECTION 230 OF THE COMPANIES ACT, 2013 As affirmed by the NCLAT, the NCLT cannot exercise its inherent powers to go beyond the scope and purview of the provision, and...
BOLSTERING THE REGULATORY FRAMEWORK FOR INSOLVENCY RESOLUTION OF NBFCS A more rare and unexplored form of triggering insolvency resolution, lies hidden under the Insolvency and Bankruptcy (Insolvency...
IBC MAKING DISTRESSED ASSET LANDSCAPE FERTILE In the last five years, the Code has conquered several challenging stages but the Code is still at a nascent stage with several remaining ambiguities...
OUT OF THE FRYING PAN, INTO THE FIRE How India-Based Debtors Can Stand Up to Aggressive Global Lenders in a Post-COVID World? The loan moratorium period set by the Reserve Bank of India in the wake...
License dues trump the Insolvency & Bankruptcy Code? The DoT or any government/private licensor cannot be treated favorably over the interest of lenders, this being contrary to the scheme of the...
Residuary jurisdiction of NCLT under Bankruptcy Code can't be absolute The jurisdiction of the NCLT under Section 60(5) is a 'residuary power' and should not be misconstrued as an 'inherent power' to...
Mergers & Acquisition Landscape – Looking Back to Look Ahead While the pandemic has been an incredibly difficult time for all sectors, it has kick-started a reforms cycle in India… The Genesis...
Insolvency and Bankruptcy Code: Supreme Court of India Endorses the Fresh Start On a Clean Slate Principle The Supreme Court holds that a successful resolution applicant should be given an...
The Workings of the Pre-Pack Insolvency Process a Primer While the evolution of the insolvency and bankruptcy laws in the country coupled with the black swan event sweeping the globe has led to the...
Resolution Plan Under IBC Binding Effect and Overriding Provisions Under IBC Once the offer of the Resolution Applicant is accepted and the Resolution Plan is approved by the appropriate authority,...
