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Tag: Insolvency and Bankruptcy Code

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

Corporate insolvency approvals: Balancing compliance and resolution

By Veena Sivaramakrishnan, Soummo Biswas, Yugal Jain and Aditi Tomar, Shardul Amarchand Mangaldas & Co

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)

Assignment of trademarks reversed by NCLT’s Kolkata bench

By Manisha Singh and Anvita Sharma, LexOrbis

The clouds of Rainbow Papers roll away

By Karthik Somasundram, Bharucha & Partners

Insolvency and Bankruptcy Code prevails over Electricity Act

By Mani Gupta and Aman Choudhary, Sarthak Advocates & Solicitors

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

Vidarbha: The ratio that wasn’t

By Sonam Gupta and Arunima Nair, Bharucha & Partners

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

Former directors stay on the hook despite successful CIRP

By Karthik Somasundram and Alabh Lal, Bharucha & Partners

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

Supreme Court says financial creditors not so supreme

By Sudeshna Guha Roy and Elisha Vaswani, Bharucha & Partners

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

NOIDA dues are not a financial debt

By Shreya Sircar and Sneha Sanyal, Bharucha & Partners

RBI increases responsibilities of loan transfer parties

By Aditya Vikram Dua and Parvathi Menon, SNG & Partners

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

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

By Sonam Gupta and Anurag Tandon, Bharucha & Partners

Secured creditors not always financial creditors

By Karthik Somasundram, Sneha Jaisingh and Alabh Lal, Bharucha & Partners

Troubled MSMEs thrown a lifeline with pre-pack resolutions

By Satish Anand Sharma and Anshita Gupta, SNG & Partners 

Guarantees will ensure better payment of debts for now

By Aditya Vikram Dua and Aniket Sawant, SNG & Partners

Unresolved riddle of the code and acknowledgement of debt

By Misha and Nikhil Mathur, Shardul Amarchand Mangaldas & Co

The conundrum of third-party security holders

By Satish Anand Sharma and Abhimanyu Chandan Rajguru, SNG & Partners

IBC resolution within regulated sectors in the public interest

By Anoop Rawat, Shardul Amarchand Mangaldas & Co

Assigning NRRAs and claims during liquidation

By Satish Anand Sharma and Aniket Sawant, SNG & Partners

Guarantors may be vulnerable to pandemic default risks

By Anush Raajan and Swastika Chakravarti, Lakshmikumaran & Sridharan

Disputed claims are not defaults under IBC

By Anush Raajan and Swastika Chakravarti, Lakshmikumaran & Sridharan

Analysing financing models for infrastructure projects

By Sharmil Bhushan and Jyoti Punjabi, HSA Advocates

Budget gives foreign direct investment its rightful place

By Navin Syiem and Nitin Gera, L&L Partners

Jaypee judgment creates a conundrum for lenders

By Soumyajit Mitra and Mohit Yadav, SNG & Partners

Regulation of gig workers: A step forward?

By Junaira Rahman and Nikita Tanwar, Samvad Partners.

PMLA v IBC: The battle for primacy

By Misha and Siddhant Kant, Shardul Amarchand Mangaldas & Co

NBFCs brought under purview of insolvency code

By Anisha Shroff and Sharanya Kundu, Samvad Partners

A regional comparison of energy regulations in India

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

Essar Steel judgment – paving a way to resolution

By Misha, Shardul Amarchand Mangaldas & Co

Resolution of disputed claims in insolvency process

By Charanya Lakshmikumaran and Gopal Machiraju, Lakshmikumaran & Sridharan

Insolvency and related considerations for directors

By Shivaji Bhattacharya and Prateek Sharma, S&R Associates

Relative priority rule in Indian insolvency law

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

India at crossroads with cross-border insolvency

By Shweta Bharti and Sukrit Kapoor, Hammurabi & Solomon

Evolution of the committee of creditors’ authority

By Charanya Lakshmikumaran and Gopal Machiraju, Lakshmikumaran & Sridharan

A commercial primer on 2019 amendments to IBC

By Shweta Bharti and Katyani Mahendru, Hammurabi & Solomon

IBC amendment moves towards recognizing APR

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

Creditors browbeat debtors with bankruptcy threat

By Supriya Majumdar, Vidhii Partners

SEBI raises questions on IBC’s overriding provisions

By Abhishek Dutta, Manish Parmar and Sayli Petiwale, Aureus Law Partners

Ensuring fair distribution under waterfall mechanism

By Aditya Vikram Dua and Satish Anand Sharma, SNG & Partners

Wish list

Decoding value maximization under the code’s mandate

By Shardul S Shroff and Misha, Shardul Amarchand Mangaldas & Co

Insolvency code: Judicial trends

By Abhishek Tripathi and Avantika Shukla, Sarthak Advocates & Solicitors

Investing through insolvency code

By Sanjay Asher and Nikhil Kaul, Crawford Bayley & Co.

Giving creditors their fair share

By Mahesh Agarwal, Agarwal Law Associates

Charting the way ahead for IBC

By Dhananjay Kumar and Hamraj Singh, Cyril Amarchand Mangaldas

Courts play prudent role in IBC’s logical evolution

By Karthik Somasundram and Shreya Gupta, Bharucha & Partners

SC weighs in on interplay of labour laws and IBC

By Abhishek Dutta and Vineet Shrivastava, Aureus Law Partners

A question of balance, via the code or otherwise

By Shardul S Shroff and Misha, Shardul Amarchand Mangaldas & Co

Risks in acquiring distressed infrastructure assets

By Rupinder Malik, Sidharrth Shankar and Srishti Moitra, J. Sagar Associates

NCLAT says statutory dues also operational debt

By Abhishek Dutta and Sayli Petiwale, Aureus Law Partners

Commercial implications of RBI circular strike-down

By Shweta Bharti, Hammurabi & Solomon

Lenders face a choice between debtor, guarantor

By Ramya Hariharan and Asmita Rakhecha, HSA Advocates

Supreme Court upholds constitutional validity of IBC

By Abhishek Dutta, Vineet Shrivastava and Manish Parmar, Aureus Law Partners

Rescue financing: Helping hand for entities in distress

By Avinash Kumar Khard, HSA Advocates

Time-barred debts and the insolvency code

By Karthik Somasundram and Shreya Gupta, Bharucha & Partners

Existence of dispute under insolvency code

By Abhishek Dutta, Vineet V Shrivastava and Manish Parmar, Aureus Law Partners

Revisiting loan documents in light of insolvency code

By Aditya Vikram Dua and Aniket Sawant, SNG & Partners

Developing resolution plan for financial, operational creditors

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

Sigh of relief for bankers on international insolvencies

By Soumyajit Mitra, SNG & Partners

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

By Abhishek Dutta and Astha Srivastava, Aureus Law Partners

IBC amendment gives voice to beleaguered homebuyers

By Pranav Shroff, Vidhii Partners

Supreme Court says arbitral award not operational debt

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners

Focus on amendments to India’s insolvency law

By Shardul S Shroff and Ambarish, Shardul Amarchand Mangaldas & Co

Personal guarantee: A loophole finally plugged

By Sachin Gupta and Pragya Khaitan, Dhir & Dhir Associates

Insolvency code amendment carries unintended negative effect – India

By Ambarish and Roma Das, Shardul Amarchand Mangaldas & Co

Discordant voices

Circular on anomaly shows goals of code take priority

By Sachin Gupta, Dhir & Dhir Associates

Business in India and insolvency laws

By Manoj Kumar and Shweta Bharti, Hammurabi & Solomon

Does moratorium apply to action for bounced cheque?

By Alok Dhir, Dhir & Dhir Associates

Insolvency and Bankruptcy Code: Two sides of the coin

By Alok Dhir, Dhir & Dhir Associates

Correspondents

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Ensuring liquidation preference to protect investor rights

By Parag Bhide and Mitali Kshatriya, Bharucha & Partners
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Literal or liberal interpretation in extending arbitration

By Sudeshna Guha Roy and Ayush Chaturvedi, Bharucha and Partners
China’s export control system

China’s export control system and tips for compliance

By Qiu Mengyun and Han Xiaoxi, AllBright Law Offices
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Arbitrator still in place despite unilaterally adjusting fees

By Sneha Jaisingh and Zashank Mehta, Bharucha & Partners

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