Treatment Of Secured Creditors In Liquidation Under The Insolvency And Bankruptcy Code (Ibc)

Treatment Of Secured Creditors In Liquidation Under The Insolvency And Bankruptcy Code (Ibc)

Insolvency And Bankruptcy Code (IBC) The Insolvency and Bankruptcy Code (IBC), enacted in May 2016 and effective from December 2016, aims to consolidate and amend laws related to the reorganization and insolvency resolution of corporate

Arvind Dham v. State Bank of India case.

“NCLAT clarify when Interim moratorium commences against the Personal Guarantor, If Section 95 Application is not filed before proper jurisdictional NCLT” – An Analysis of the Mr Arvind Dham v. State Bank of India and Anr. Case.

Introduction: The case of Mr Arvind Dham v. State Bank of India and Anr. revolves around the admission of Section 95(1) application filed by the State Bank of India against the appellant, Mr Arvind Dham,

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

Introduction: In the matter of Vikram Laxman Pawar v. Sripatham Venkatasubramaniam Ramkumar, [i] the Hon’ble National Company Law Appellate Tribunal (NCLAT) held that the timelines established under the Insolvency and Bankruptcy Code should be regarded

NCLT should preclude mentioning date of hearing on the order, when the order is pronounced on a later date: Supreme Court 

NCLT should preclude mentioning date of hearing on the order, when the order is pronounced on a later date: Supreme Court 

The Three Judge Bench of Hon’ble Supreme Court (SC) comprising of Chief Justice of India D.Y. Chandrachud, Justices J.B. Pardiwala and Manoj Mishra in Sanjay Pandurang Kalate v. Vistra ITCL (India) Limited and Others[i] clarifiedthat

Top 5 I&B Code Supreme Court Landmark Judgments, 2023

Top 5 I&B Code Supreme Court Landmark Judgments, 2023

1. Supreme Court clarified position on limitation period barring operational claims arising out of multiple invoices In March 2023, the Supreme Court (SC) division bench in M/s. Next Education India Pvt. Ltd. Vs. M/s. K12

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

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

The Hon’ble Supreme Court (“SC”) comprising of Hon’ble Justice Aniruddha Bose and Hon’ble Justice Vikram Nath in the matter of Haldiram Incorporation Pvt. Ltd. v. Amrit Hatcheries Pvt. Ltd.[i] asserted that the properties auctioned for

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