Malavika Sachin

15 articles published

Posts By Author: Malavika Sachin

February 28, 2025

The Hon’ble Supreme Court reaffirmed that the power of judicial review should not be invoked to circumvent the statutory process prescribed under specialized legislations like the Insolvency and Bankruptcy Code. →

An Application filed under Section 65 of the Code is maintainable after the Application under Section 7
August 26, 2024

An Application filed under Section 65 of the Code is maintainable after the Applications under Section 7,9 or 10 are filed, and not necessarily only after admission: Hon’ble NCLAT, New Delhi →

NCLAT’s Authoritative Interpretation of Prior Approval under Section 33(5) of the I&B Code.
August 17, 2024

NCLAT’s Authoritative Interpretation of Prior Approval under Section 33(5) of the I&B Code →

Can a delay caused by a stay granted by a Higher Court in implementation of a Resolution Plan be excluded from the time given for the implementation of the Resolution Plan
July 20, 2024

Can a delay caused by a stay granted by a Higher Court in implementation of a Resolution Plan be excluded from the time given for the implementation of the Resolution Plan? →

July 10, 2024

Insights on the Proposed Amendments to the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Process) Regulations, 2016. →

Section 5(2) of the SARFAESI Act contains a deeming clause that allows the ARC to pursue the Section 7 IBC proceedings
June 26, 2024

Section 5(2) of the SARFAESI Act contains a deeming clause that allows the ARC to pursue the Section 7 IBC proceedings, in cases where an Assignment Agreement is duly registered: NCLAT Delhi →

June 1, 2024

Jitender Singh Sodhi and Anr. vs. Deputy Commissioner of Income Tax and Anr →

Determining if a cost incurred by a Resolution Professional during the Corporate Insolvency Resolution Process (CIRP) qualifies as a CIRP cost.
May 31, 2024

Whether A Cost Incurred By Resolution Professional During CIRP Qualifies as CIRP Cost? →

April 22, 2024

The timelines as stipulated in the Code needs to be considered as of directory nature and not as mandatory in nature: NCLAT, New Delhi →

Properties sold in auction sale prior to the commencement of moratorium cannot be treated as liquidation assets of the Corporate Debtor: Supreme Court
December 30, 2023

Properties sold in auction sale prior to the commencement of moratorium cannot be treated as liquidation assets of the Corporate Debtor: Supreme Court  →

When Right Denied
September 27, 2023

When A Right Accrued In Favour Of The Auction Purchaser Is Denied By The Secured Creditor, The Auction Purchaser Is Entitled To A Hearing Before Forfeiting The Amount: DRAT Kolkata →

Dispatch of the Notice by the Bank under Section 13(2) of the SARFAESI Act is an official Act as presumed under Section 114 (e) of the Indian Evidence Act: J&K High Court.
July 11, 2023

Dispatch of the Notice by the Bank under Section 13(2) of the SARFAESI Act is an official Act as presumed under Section 114 (e) of the Indian Evidence Act: J&K High Court. →