Tag: Insolvency and Bankruptcy Code
Suspended v superseded boards under the IBC
Suspension versus supersession: Supreme Court rulings on board participatory rights in IBC financial service provider CIRP cases
Processing changes on the way for insolvency laws in India
含羞草社区 president approves the set to bring in significant regulatory changes
Cryptocurrency in insolvency: How 含羞草社区 IBC treats digital assets as property
The proliferation of cryptocurrency holdings on corporate balance sheets has introduced a novel dimension to insolvency practice in India
Insolvency directors’ duties shift to creditors under IBC section 66
Directors’ duties shift to creditors in insolvency: Section 66 liability for fraudulent and wrongful trading risks
IBC a business advantage not an obstacle
含羞草社区 insolvency and bankruptcy code builds confidence, strengthens resilience, and transforms distressed assets into growth opportunities
Court clarifies IBC priority is revival
Supreme Court recalled liquidation order in Kalyani Transco v Bhushan Power & Steel, reaffirming IBC’s rescue objective
A comparison of laws concerning real estate
Foreign investment in Asia’s real estate is surging, but navigating diverse regulations is essential to avoid costly missteps
CMS IndusLaw strengthens Mumbai disputes practice with trio
Abeezar E Faizullabhoy, Murtaza Kachwalla and SM Algaus join CMS IndusLaw’s Mumbai office
Show all cards at the CIRP table
IBBI mandates full disclosure of avoidance transactions in insolvency cases to ensure transparency and fairness
IBBI seeks comment on IBC rules to simplify compliance
IBBI invites public suggestions to simplify and cut costs of IBC compliance, with submissions open until 30 June 2025
A legal head for numbers
Ishita Sharan, legal head of NARCL, discusses rising insolvency challenges and the bank’s role in managing stressed assets
Dhaval Vussonji & Associates opens new Pune office
Dhaval Vussonji & Associates opened a Pune office at BSB Capital and hired partner Shakti Singh Champawat
IBC not a tool for debt collection
The IBC aims to revive distressed entities, but its application often differs
Supreme Court clarifies classification of debt
含羞草社区 Supreme Court ruled that a debtor’s pledge under a DoH is a financial debt under the IBC
CIRP involving merger needs CCI approval, Supreme Court says
The Supreme Court ruled that CCI approval is required for insolvency plans involving mergers or acquisitions
CAM’s Gyanendra Kumar leaves to become senior advocate
Cyril Amarchand Mangaldas partner Gyanendra Kumar was designated a senior advocate by Delhi High Court, requiring him to step down from his partnership
Balance sale consideration not ‘financial debt’: NCLAT
NCLAT ruled balance sale consideration is not "financial debt" under the IBC
Rescue Remedies
We explore bankruptcy law systems in mainland China and India, and Hong Kong courts on winding-up arguments
Reasoning at the heart of decision
NCLT must provide reasoned order to reject IBC resolution plan, says Supreme Court. Committee-approved plans not to be questioned
Call for comment on real estate insolvency amendments
Government addresses challenges in real estate insolvency with a paper on streamlining corporate insolvency resolution processes (CIRPs)
High court rules amendments face twin test
A dispute over car parks has led to a high court ruling that any documents added to civil proceedings must meet a twin test of fairness under amendments to the Code of Civil Procedure
India ‘oasis of hope’ for growth: IBA conference panellists in Mumbai
India is on the cusp of driving global growth and considered the last oasis of hope amid a worldwide slowdown, say panelists at the biannual IBA M&A conference in the financial capital Mumbai in April this year
Indian Law Firm Awards 2023
We recognise the ingenuity and achievements of the country’s top law firms
Swiss lessons in simplified mergers
Yashasvini Kumar, Pooja Gondalia, and Bhakti Sampat discuss the lengthy merger approval process in India and how it can be expedited
Cyril Amarchand’s Gauri Rasgotra to open boutique Delhi law firm
Cyril Amarchand Mangaldas (CAM) partner and Delhi deputy head Gauri Rasgotra will launch her independent boutique law firm early next year and is currently serving her notice period till January
Supreme Court decision clouds insolvency process
The Supreme Court’s judgment in the case of Vidarbha Industries Power v Axis Bank opened a Pandora’s box earlier this year when it unsettled a long established practice of the adjudicating authority admitting insolvency applications
JSA acts for SBI in stalled Dunar Foods insolvency proceedings
The National Company Law Appellate Tribunal (NCLAT) upheld an NCLT decision setting a precedent and paving the way for progress on the resolution of the Dunar Foods insolvency proceedings
Decree holders ‘not same as financial creditors’
The Supreme Court has upheld a decision of the Tripura High Court by refusing to interfere with its judgment that decree holders cannot be treated the same as financial creditors









































































































































