Insolvency and Backruptcy

Moratorium under I&B Code to include proceedings of cheque dishonor & Section 34 of Arbitration Act

The Supreme Court of India in P Mohanraj and others vs. M/s Shah Brothers Ispat Ltd[1] has held that the moratorium under Section 14 of the Insolvency and Bankruptcy Code (the “Code”) also covers proceedings

Insolvency and Bankruptcy Code

Whether the NCLT can refer a dispute to the Central Government under the Companies Act?

An important question of law was raised in the National Company Law Appellate Tribunal (“NCLAT”) in Vijay Pal Garg & Ors. Vs. Pooja Bahry (dated 4th February 2020)[i] against the order passed by the Adjudicating

Insolvency and Bankruptcy Code

Whether a resolution plan can be modified post approval?

Under the Insolvency and Bankruptcy Code, 2016 (“I&B Code”), a Corporate Insolvency Resolution Process (“CIRP”) is initiated with an order of the Adjudicating Authority (“NCLT”) admitting an application by a creditor or debtor. As soon

Insolvency and Backruptcy

PERIOD OF LIMITATION STARTS FROM THE DATE OF DEFAULT, NOT FROM THE DATE OF DECREE: NCLAT

In a recent judgment Sh G Eswara Rao vs. Stressed Assets Stabilisation Fund[i] National Company Law Appellate Tribunal (“NCLAT”), the appellate tribunal under the Insolvency & Bankruptcy Code, 2016 (“I&B Code”) held that period of

New Winding-up Rules notified by MCA eases process of closing small businesses

The Ministry of Corporate Affairs (“MCA”) vide its notification dated 24th January, 2020 has notified the long awaited rules for winding up i.e. Companies (Winding Up) Rules, 2020 (“Winding-up Rules”). The Winding-up Rules will come

NCLT

Judgment on IBC

Important Case Laws 2019 The Insolvency and Bankruptcy Code, 2016   SUPREME COURT OF INDIA    Swiss Ribbons Pvt. Ltd. &Anr. Vs UOI &Ors  (Supreme Court of India) (2019) 4 SCC OnLine SC 17 (Judgment

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