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27 October 2021
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Tag: Insolvency and Bankruptcy Code

Certificate of recovery constitutes fresh cause of action
Dispute digest

Certificate of recovery constitutes fresh cause of action

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Ascertaining impact of IBC’s section 32A on criminal proceedings, Sonam Gupta and Anurag Tandon, Bharucha & Partners
Bharucha & Partners

Ascertaining impact of IBC’s section 32A on criminal proceedings

By Sonam Gupta and Anurag Tandon, Bharucha & Partners
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Secured creditors not always financial creditors, Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners
Bharucha & Partners

Secured creditors not always financial creditors

By Karthik Somasundram, Sneha Jaisingh and Alabh Lal, Bharucha & Partners
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Troubled MSMEs thrown a lifeline with pre-pack resolutions, Satish Anand Sharma and Anshita Gupta, SNG & Partners 
SNG & Partners

Troubled MSMEs thrown a lifeline with pre-pack resolutions

By Satish Anand Sharma and Anshita Gupta, SNG & Partners 
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Guarantees will now better ensure payment of debts, Aditya Vikram Dua and Aniket Sawant, SNG & Partners
SNG & Partners

Guarantees will ensure better payment of debts for now

By Aditya Vikram Dua and Aniket Sawant, SNG & Partners
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IBC decides the fate of PPAs in insolvency, Abhirup Dasgupta and Bhawana Sharma, HSA Advocates
HSA Advocates

IBC decides the fate of PPAs in insolvency

By Abhirup Dasgupta and Bhawana Sharma, HSA Advocates
0
Related party exclusion cannot be avoided through divestment 
Dispute digest

Related party exclusion cannot be avoided through divestment 

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IBC code
Shardul Amarchand Mangaldas & Co

Unresolved riddle of the code and acknowledgement of debt

By Misha and Nikhil Mathur, Shardul Amarchand Mangaldas & Co
0
The conundrum of third-party security holders, Satish Anand Sharma and Abhimanyu Chandan Rajguru, SNG & Partners
SNG & Partners

The conundrum of third-party security holders

By Satish Anand Sharma and Abhimanyu Chandan Rajguru, SNG & Partners
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Driver’s seat
IBLJ Featured

Driver’s seat

The pre-pack insolvency resolution process allows corporate debtors to take the wheel and steer their way out of tricky situations, but its success will depend on how certain roadblocks are bypassed
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regulated sectors SAM anoop rawat
Shardul Amarchand Mangaldas & Co

IBC resolution within regulated sectors in the public interest

By Anoop Rawat, Shardul Amarchand Mangaldas & Co
Various laws still contain gaps and ambiguities, and reconciliation with the provisions of the Insolvency and Bankruptcy Code, 2016 becomes a challenging task. It is essential to create synergies among specific regulatory laws with the provisions and the process envisaged under the code
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Satish Anand Sharma and Aniket Sawant, SNG & Partners, Liquidation
SNG & Partners

Assigning NRRAs and claims during liquidation

By Satish Anand Sharma and Aniket Sawant, SNG & Partners
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Anush Raajan,Swastika Chakravarti,Lakshmikumaran & Sridharan
Lakshmikumaran & Sridharan

Guarantors may be vulnerable to pandemic default risks

By Anush Raajan and Swastika Chakravarti, Lakshmikumaran & Sridharan
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Anush Raajan Swastika Chakravarti Lakshmikumaran & Sridharan Insolvency and Bankruptcy code india
Lakshmikumaran & Sridharan

Disputed claims are not defaults under IBC

By Anush Raajan and Swastika Chakravarti, Lakshmikumaran & Sridharan
0
Insolvency
Inbox

Pre-packaged insolvencies ‘the need of the hour’

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HSA Advocates

Analysing financing models for infrastructure projects

By Sharmil Bhushan and Jyoti Punjabi, HSA Advocates
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foreign direct investment
L&L Partners

Budget gives foreign direct investment its rightful place

By Navin Syiem and Nitin Gera, L&L Partners
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RERA
What’s the deal?

At a crossroads

Recognizing homebuyers as financial creditors in the event of insolvencies is a welcome move, but the RERA remains the preferred route for recovering funds
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lenders
SNG & Partners

Jaypee judgment creates a conundrum for lenders

By Soumyajit Mitra and Mohit Yadav, SNG & Partners
0
insolvency
Dispute digest

IBC cannot be used as a threat

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workers
Samvad Partners

Regulation of gig workers: A step forward?

By Junaira Rahman and Nikita Tanwar, Samvad Partners.
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insolvency
Shardul Amarchand Mangaldas & Co

PMLA v IBC: The battle for primacy

By Misha and Siddhant Kant, Shardul Amarchand Mangaldas & Co
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insolvency
Samvad Partners

NBFCs brought under purview of insolvency code

By Anisha Shroff and Sharanya Kundu, Samvad Partners
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A-regional-comparison-of-energy-regulations-in-India
Head 2 head

A regional comparison of energy regulations in India

By Piyush Joshi, RV Anuradha and Sumiti Yadava, Clarus Law Associates
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insolvency
Intelligence report

Pecking order

This article explores the tensions that arise between the powers of the court in policing the implementation and proper interpretation of the Insolvency and Bankruptcy Code 2016 (code), the limits on the rights of the corporate debtor during the insolvency process, and the powers of the insolvency resolution professional (IRP) in these circumstances
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insolvency
Shardul Amarchand Mangaldas & Co

Essar Steel judgment – paving a way to resolution

By Misha, Shardul Amarchand Mangaldas & Co
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claims
Lakshmikumaran & Sridharan

Resolution of disputed claims in insolvency process

By Charanya Lakshmikumaran and Gopal Machiraju, Lakshmikumaran & Sridharan
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insolvency
S&R Associates

Insolvency and related considerations for directors

By Shivaji Bhattacharya and Prateek Sharma, S&R Associates
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proprietary
Dispute digest

Sole proprietary concerns cannot file insolvency petitions

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insolvency
Shardul Amarchand Mangaldas & Co

Relative priority rule in Indian insolvency law

By Pratik Datta and Varun Marwah, Shardul Amarchand Mangaldas & Co
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insolvency
Market pulse

UK firm hires Indian insolvency specialist

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insolvency
Hammurabi & Solomon

India at crossroads with cross-border insolvency

By Shweta Bharti and Sukrit Kapoor, Hammurabi & Solomon
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committee
Lakshmikumaran & Sridharan

Evolution of the committee of creditors’ authority

By Charanya Lakshmikumaran and Gopal Machiraju, Lakshmikumaran & Sridharan
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law firms
Intelligence report

State of play

Indian law firms face a daunting pace attack from big accountancy firms amid a slow-wicket economy. On top of this, in-house counsel are facing up to more work internally, leaving less for law firms.
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amendments
Hammurabi & Solomon

A commercial primer on 2019 amendments to IBC

By Shweta Bharti and Katyani Mahendru, Hammurabi & Solomon
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subsidiary
Inbox

Retaining the independence of a subsidiary

0
Features

Rebuilding trust

Interview with MahaRERA chief Gautam Chatterjee
1
LexCounsel
Market pulse

LexCounsel opens new office in Odisha

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Private equity
Spotlight

Watch your step

Steering clear of conflicts of interest in private equity
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Shardul Amarchand Mangaldas & Co

IBC amendment moves towards recognizing APR

By Pratik Datta and Varun Marwah, Shardul Amarchand Mangaldas & Co
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creditors
Vidhii Partners

Creditors browbeat debtors with bankruptcy threat

By Supriya Majumdar, Vidhii Partners
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SEBI
Aureus Law Partners

SEBI raises questions on IBC’s overriding provisions

By Abhishek Dutta, Manish Parmar and Sayli Petiwale, Aureus Law Partners
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waterfall mechanism
SNG & Partners

Ensuring fair distribution under waterfall mechanism

By Aditya Vikram Dua and Satish Anand Sharma, SNG & Partners
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Deccan Chronicle
Deal digest

Many hurdles in Deccan Chronicle insolvency

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resolution
Phoenix Legal

Views on RBI’s new stressed asset resolution framework

By Sawant Singh and Aditya Bhargava, Phoenix Legal
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Liquidation
Inbox

Liquidation under IBC

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modi government
Features

Wish list

What lawyers want from the new government
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maximization
Shardul Amarchand Mangaldas & Co

Decoding value maximization under the code’s mandate

By Shardul S Shroff and Misha, Shardul Amarchand Mangaldas & Co
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insolvency
Practitioner's Perspective

Insolvency code: Judicial trends

By Abhishek Tripathi and Avantika Shukla, Sarthak Advocates & Solicitors
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insolvency
Practitioner's Perspective

Investing through insolvency code

By Sanjay Asher and Nikhil Kaul, Crawford Bayley & Co.
1
real estate
Vantage point

Building trust

RERA has introduced accountability to the real estate sector but loopholes remain
1
insolvency
IBLJ May 2019

Giving creditors their fair share

By Mahesh Agarwal, Agarwal Law Associates
1
insolvency
Practitioner's Perspective

Charting the way ahead for IBC

By Dhananjay Kumar and Hamraj Singh, Cyril Amarchand Mangaldas
0
Bankruptcy
Bharucha & Partners

Courts play prudent role in IBC’s logical evolution

By Karthik Somasundram and Shreya Gupta, Bharucha & Partners
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labour laws
Aureus Law Partners

SC weighs in on interplay of labour laws and IBC

By Abhishek Dutta and Vineet Shrivastava, Aureus Law Partners
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Grounded Jet Airways
Features

Grounded

Why did Jet Airways' creditors stall on initiating bankruptcy proceedings?
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Trade unions are operational creditors under insolvency code
Dispute digest

Trade unions are operational creditors under insolvency code

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bankrupt-bankrupcy
Inbox

Much ado about nothing?

0
Intelligence report

Parliament in numbers

A look back at the Lok Sabha's performance in the past five years compared with the two previous terms
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Correspondents-design-ABLJ1904-shardul-misha
Shardul Amarchand Mangaldas & Co

A question of balance, via the code or otherwise

By Shardul S Shroff and Misha, Shardul Amarchand Mangaldas & Co
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Rupinder-Malik-Sidharrth-Shankar-J.-Sagar-Associates
J. Sagar Associates

Risks in acquiring distressed infrastructure assets

By Rupinder Malik, Sidharrth Shankar and Srishti Moitra, J. Sagar Associates
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Abhishek Dutta, Sayli Petiwale, Aureus Law Partners
Aureus Law Partners

NCLAT says statutory dues also operational debt

By Abhishek Dutta and Sayli Petiwale, Aureus Law Partners
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Shweta-Bharti-Hammurabi-&-Solomon
Hammurabi & Solomon

Commercial implications of RBI circular strike-down

By Shweta Bharti, Hammurabi & Solomon
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Ramya-Hariharan-Asmita-Rakhecha-HSA-Advocates-business-law
HSA Advocates

Lenders face a choice between debtor, guarantor

By Ramya Hariharan and Asmita Rakhecha, HSA Advocates
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Abhishek-Dutta-Vineet-Shrivastava-Aureus-Law-Partners-March
Aureus Law Partners

Supreme Court upholds constitutional validity of IBC

By Abhishek Dutta, Vineet Shrivastava and Manish Parmar, Aureus Law Partners
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Board meeting procedures clarified
Dispute digest

Former directors must be given agenda before creditors meeting

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India Business Law Journal
Leader

Reaching for the stars

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Deals of the year 2018 | India Business Law Journal
What’s the deal?

Deals of the Year 2018

Top 50 deals and dispute resolution cases in 2018
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Insolvency and Bankruptcy Code
Features

In sickness & health

ACC's Rajiv Choubey writes on how IBC ties the fate of companies and stakeholders
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Avinash-Kumar-Khard-HSA-Advocates - 副本
HSA Advocates

Rescue financing: Helping hand for entities in distress

By Avinash Kumar Khard, HSA Advocates
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Karthik Somasundram and Shreya Gupta, Bharucha & Partners
Bharucha & Partners

Time-barred debts and the insolvency code

By Karthik Somasundram and Shreya Gupta, Bharucha & Partners
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Abhishek-Dutta,-Vineet-V-Shrivastava-and-Manish-Parmar-Aureus-Law-Partners
Aureus Law Partners

Existence of dispute under insolvency code

By Abhishek Dutta, Vineet V Shrivastava and Manish Parmar, Aureus Law Partners
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By-Aditya-Vikram-Dua-and-Aniket-Sawant-SNG-&-Partners - 副本
SNG & Partners

Revisiting loan documents in light of insolvency code

By Aditya Vikram Dua and Aniket Sawant, SNG & Partners
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Shardul Amarchand Mangaldas & Co

Developing resolution plan for financial, operational creditors

By Shardul S Shroff and Roma Das, Shardul Amarchand Mangaldas & Co
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SNG & Partners

Sigh of relief for bankers on international insolvencies

By Soumyajit Mitra, SNG & Partners
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Aureus Law Partners

Cross-border insolvency report: A bird’s eye view

By Abhishek Dutta and Astha Srivastava, Aureus Law Partners
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Vidhii Partners

IBC amendment gives voice to beleaguered homebuyers

By Pranav Shroff, Vidhii Partners
0
Bharucha & Partners

Supreme Court says arbitral award not operational debt

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners
0
Dispute digest

Limitation Act applies to IBC proceedings

0
Parliament--The-monsoon-session
Intelligence report

Parliament: the monsoon session

New legislation from parliament’s monsoon session
0
India's legal industry
Intelligence report

The state of India’s legal market

An assessment of the prevailing trends in the legal profession
0
Shardul-S-Shroff-and-Ambarish-Shardul-Amarchand-Mangaldas-&-Co
Shardul Amarchand Mangaldas & Co

Focus on amendments to India’s insolvency law

By Shardul S Shroff and Ambarish, Shardul Amarchand Mangaldas & Co
0
Business Law Journal, letter to the editor
Inbox

IBC’s position on supply of essential goods and services

0
SUBODH-SADANA-and-BHUVAN-ARORA-Advaita-Legal.
Practitioner's Perspective

Court’s role in insolvency cases

Subodh Sadana and Bhuvan Arora analyse judicial intervention in insolvency resolution
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Sawant-Singh-and-Aditya-Bhargava,-Phoenix-Legal
Phoenix Legal

Framework harmonized for resolution of stressed assets

By Sawant Singh and Aditya Bhargava, Phoenix Legal
0
Dhir & Dhir Associates

Personal guarantee: A loophole finally plugged

By Sachin Gupta and Pragya Khaitan, Dhir & Dhir Associates
0
Insolvency-code
Intelligence report

Analyzing the code

How does India's Insolvency and Bankruptcy Code stand up to critical analysis after a year in effect?
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Ambarish and Roma Das Shardul Amarchand Mangaldas & Co
Shardul Amarchand Mangaldas & Co

Insolvency code amendment carries unintended negative effect – India

By Ambarish and Roma Das, Shardul Amarchand Mangaldas & Co
0
India Business Law Journal
Leader

Discordant voices

Dissenting judges put the spotlight on the less-than-transparent conventions of the courts
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Dhir & Dhir Associates

Circular on anomaly shows goals of code take priority

By Sachin Gupta, Dhir & Dhir Associates
0
Hammurabi & Solomon

Business in India and insolvency laws

By Manoj Kumar and Shweta Bharti, Hammurabi & Solomon
0
Insolvency and Bankruptcy Code: Two sides of the coin. Column by Alok Dhir, Dhir & Dhir Associates
Dhir & Dhir Associates

Does moratorium apply to action for bounced cheque?

By Alok Dhir, Dhir & Dhir Associates
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Insolvency and Bankruptcy Code: Two sides of the coin. Column by Alok Dhir, Dhir & Dhir Associates
Dhir & Dhir Associates

Insolvency and Bankruptcy Code: Two sides of the coin

By Alok Dhir, Dhir & Dhir Associates
0
Reform focus at Mumbai meet
Business law digest

Reform focus at Mumbai meet

0
Open for business? Key developments in India's legal sector
Intelligence report

India: Open for business?

An assessment of the prevailing sentiments among the legal community about the regulatory environment
0
Case withdrawal rejected despite settlement agreement
Dispute digest

Case withdrawal rejected despite settlement agreement

0
RUDRA KUMAR PANDEY and BANI BRAR, Shardul Amarchand Mangaldas & Co.
Features

On the cards

Rudra Kumar Pandey and Bani Brar forecast emerging regulatory trends and opportunities for in-house counsel to be business leaders
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