Mondaq All Regions - India: Insolvency/Bankruptcy/Re-structuring
Nishith Desai Associates
In IDBI Bank Ltd. v. Jaypee Infratech Ltd1, the Allahabad Bench of the National Company Law Tribunal ("NCLT") has held that certain mortgages created by Jaypee Infratech Ltd. ("JIL")
Nishith Desai Associates
A claim submitted by a creditor during the insolvency resolution process can be disputed, undisputed, matured or unmatured
IndiaLaw LLP
List of applications admitted by NCLTs under Insolvency and Bankruptcy Code, 2016 with details of public announcements inviting claims
VGC Law Firm
The DRT admitted the said applications and passed a decree in favor of the bank.
Nishith Desai Associates
Section 29A was introduced in the Insolvency and Bankruptcy Code 2016 (IBC) in 2017 to prevent certain kinds of persons, painted tainted under the law ...
Singh & Associates
The Reserve Bank of India vide its circular dated 07.02.2019 (A.P. (DIR Series) Circular No. 18) has relaxed the applicability of External Commercial Borrowing guidelines in respect to borrowing to be arranged by ...
Singh & Associates
IBBI issued a circular on 17 October, 2018 directing that with effect from 1 February, 2019, no Insolvency Professional shall appoint a person other than a Registered Valuer to conduct any valuation under the Code or any of the regulations made thereunder.
Singh & Associates
In August 2018, many new changes were introduced in the Code...
Dhaval Vussonji & Associates
Interestingly, the Resolution Applicant also filed an application for withdrawal of the Resolution Plan before the NCLT
Singh & Associates
The Division Bench of Supreme Court while hearing an appeal against the order of NCLAT in the matter of Vijay Kumar Jain versus Standard Chartered Bank & Ors., Civil Appeal NO.8430 OF 2018 allowed the appeal ...
Singh & Associates
The Insolvency and Bankruptcy Board of India vide its notification No. IBBI/2019-20/GN/REG040 introduced the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) (Amendment) Regulations, 2019 ...
Spectrum Legal
The Supreme Court recognised the significant change in the trigger mechanism for a financial creditor‘s application under the Code.
IndusLaw
2018 proved to be a constitutional litmus test for the Insolvency and Bankruptcy Code, 2016, with ten writ petitions and one special leave petition assailing the constitutional validity of the Code.
Nishith Desai Associates
With almost two years since the introduction of the Insolvency and Bankruptcy Code, 2016 ("IBC" and "Code"), there have been various challenges in the effective implementation of the Code.
AMLEGALS
NCLAT while deciding this case, summarized the object of the I&B Code and the Object of a Resolution Plan.
Fair & Just Legal Solutions LLP
In case any corporate debtor defaults in making payment to its creditor(s), a corporate insolvency resolution process ("CIRP") may be initiated against such corporate debtor.
Cyril Amarchand Mangaldas
The Supreme Court's decision in Swiss Ribbons v. Union of India upholding the constitutionality of the provisions of the Insolvency and Bankruptcy Code, 2016 (IBC or the Code) is a landmark in the development of the Code.
IndiaLaw LLP
List of applications admitted by NCLTs under Insolvency and Bankruptcy Code, 2016 with details of public announcements inviting claims
Dhir & Dhir Associates
The Operational Creditor(s) can initiate CIRP under Section 8 of the Code and the
Lakshmikumaran & Sridharan Attorneys
Many issues have arisen due to the divergent views taken by different High Courts regarding the interpretation of the transitional provisions.
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Dhaval Vussonji & Associates
The Insolvency and Bankruptcy Code, 2016 (IBC) has consolidated and amended the laws relating to reorganization and insolvency of corporate persons, partnership firms and individual firms.
Clarus Law Associates
On 11.10.2018, a division bench of the Hon'ble Supreme Court of India comprising of Justice R.F. Nariman and Justice Navin Sinha in the matter of B.K. Educational Services Private Limited v Parag Gupta And Associates, ...
AMLEGALS
The amount of any liability in respect of any of the guarantee or indemnity for any of the items referred to in sub-clauses (a) to (h) of this clause.
Fair & Just Legal Solutions LLP
The NCLT, Mumbai, accepted the application of Nisus and passed the order for commencement of insolvency resolution process.
Dhaval Vussonji & Associates
In our earlier article titled, "Homebuyers now Financial Creditors: Too many cooks spoil the resolution process?", we analysed the impact of the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2018, ...
Fair & Just Legal Solutions LLP
The Insolvency and Bankruptcy Code, 2016 ("Code") is considered as one of the biggest economic reforms.
S.S. Rana & Co. Advocates
The amendments to the IBC have made an attempt to ensure that only viable resolution plans from credible sources are accepted.
VGC Law Firm
It is apparent from the ongoing practice that IRPs consider the date of receipt of order as the date of the appointment.
Trilegal
The Insolvency and Bankruptcy Code (Amendment) Ordinance, 2018 brings about significant changes to improve the insolvency resolution framework in India.
IndusLaw
Earlier this month, the Supreme Court of India (the "SC") passed a much-awaited judgment concerning the eligibility of resolution applicants for Essar Steel India Limited.
Fair & Just Legal Solutions LLP
The Insolvency and Bankruptcy Code, 2016 ("IBC") is one of the biggest economic reforms in the Indian history.
Singh & Associates
Insolvency and Bankruptcy Code, 2016 is enacted to consolidate and amend laws pertaining to insolvency and resolution. Part Ii of the Code deals with the Insolvency Resolution and Liquidation for ‘Corporate persons'.
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