Tag: IBC

Collective action by all financial creditors not a prerequisite to file an application under Section 95 of the I&B code

Collective action by all financial creditors not a prerequisite to file an application under Section 95 of the I&B code

Friday September 13, 2024. BY Narpat Singh and Anjali Satish | Insolvency & Bankruptcy

Dheeraj Wadhawan v. Union Bank of India & Anr.[1] NCLAT, Principal Bench, New Delhi Introduction and Facts of the Case The present case, which was decided by the National Company Law Appellate Tribunal (NCLAT) on

Insights on the Proposed Amendments on MSME Registration and Disclosure under CIRP.

Insights on the Proposed Amendments on MSME Registration and Disclosure under CIRP

Thursday September 12, 2024. BY Abdullah Qureshi and Shradha Patil | Insolvency & Bankruptcy

The Insolvency and Bankruptcy Board of India (IBBI) released a discussion paper on 23rd August, 2024, seeking comments on proposed changes to the Regulation 36 of CIRP Regulations. We have summarized our views and recommendations

Whether the restructuring process as contemplated in the Notification dated 29th May 2015 issued by the Ministry of Micro, Small and Medium Enterprises (MSME) is directory or mandatory.

Whether the restructuring process as contemplated in the Notification dated 29th May 2015 issued by the Ministry of Micro, Small and Medium Enterprises (MSME) is directory or mandatory.

Thursday August 29, 2024. BY Samuel Abraham and Vaibhav Dash | Insolvency & Bankruptcy

Introduction The Hon’ble Supreme Court of India, in a recent landmark decision passed vide Order dated 01.08.2024 in the matter of Pro Knits v. Board of Directors of Canara Bank[i], addressed a crucial issue regarding

An Application filed under Section 65 of the Code is maintainable after the Application under Section 7,9 or 10 is filed, and not after the admission: Hon’ble NCLAT.

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

Monday August 26, 2024. BY Malavika Sachin and Vaibhav Dash | Insolvency & Bankruptcy

Introduction: The Hon’ble NCLAT in a significant ruling, recently addressed a crucial issue in insolvency jurisprudence vide its Order dated 05.08.2024 in the matter of Devashree Developers Pvt. Ltd. and Ors. vs Aravali Cylinders Pvt.

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

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

Saturday August 17, 2024. BY Malavika Sachin and Khushi Kholia. | Insolvency & Bankruptcy

Introduction On May 31, 2024, the National Company Law Appellate Tribunal (NCLAT), Principal Bench, New Delhi, delivered a significant judgment in the matter of Slimline Realty Pvt. Ltd. v. Mr. Jigar Bhatt. The ruling, encapsulated

Treatment of EPFO Dues (7A, 7Q and 14B of EPF Act) in Liquidation Exclusion under IBC Section 36(4)(a)(iii) and Non-Applicability of Section 53(1)

Treatment of EPFO Dues (7A, 7Q and 14B of EPF Act) in Liquidation: Exclusion under IBC Section 36(4)(a)(iii) and Non-Applicability of Section 53(1)

Saturday August 17, 2024. BY Narpat Singh and Prasad Sawant | Insolvency & Bankruptcy

Introduction: In the case of Mr. Anuj Bajpai vs. Employee Provident Fund Organisation & Ors.[i], Liquidator submitted that Contribution under Section 7A should have been treated in accordance with Section 36(4) of the Code and,

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