Insolvency and Bankruptcy Code, 2016

Supreme Court Clarifies Scope of Interim Moratorium under IBC on Consumer Protection Act Penalties: Saranga Anil Kumar Aggarwal vs. Bhavesh Dhirajlal Sheth (2025)

Date of the Judgment: March 04, 2025 Citation: 2025 INSC 314 Judges: Vikram Nath, J., Prasanna B. Varale, J. Does the interim moratorium under Section 96 of the Insolvency and Bankruptcy Code (IBC) apply to penalties imposed under the Consumer Protection Act (CP Act)? This question was recently addressed by the Supreme Court in a […]

Supreme Court Clarifies Scope of Interim Moratorium under IBC on Consumer Protection Act Penalties: Saranga Anil Kumar Aggarwal vs. Bhavesh Dhirajlal Sheth (2025) Read Post »

Supreme Court Mandates CCI Approval Before CoC Nod for Combination Resolution Plans: Independent Sugar Corporation Ltd. vs. Girish Sriram Juneja & Ors. (2025) INSC 124 (29 January 2025)

Date of the Judgment: 29 January 2025 Citation: (2025) INSC 124 Judges: Hrishikesh Roy, J., Sudhanshu Dhulia, J., S.V.N. Bhatti, J. (Majority opinion by Hrishikesh Roy, J. and Sudhanshu Dhulia, J., with a dissenting opinion by S.V.N. Bhatti, J.) Can a resolution plan involving a combination under the Competition Act, 2002, be approved by the

Supreme Court Mandates CCI Approval Before CoC Nod for Combination Resolution Plans: Independent Sugar Corporation Ltd. vs. Girish Sriram Juneja & Ors. (2025) INSC 124 (29 January 2025) Read Post »

Supreme Court Upholds Resolution Plan, Limits High Court Interference in Insolvency Cases (2025)

Supreme Court Upholds Resolution Plan, Limits High Court Interference in Insolvency Cases (2025) LEGAL ISSUE: Whether the High Court can interfere with Corporate Insolvency Resolution Process (CIRP) under Article 226 of the Constitution. CASE TYPE: Insolvency Law Case Name: Mohammed Enterprises (Tanzania) Ltd. vs. Farooq Ali Khan & Ors. Judgment Date: January 03, 2025 Date

Supreme Court Upholds Resolution Plan, Limits High Court Interference in Insolvency Cases (2025) Read Post »

Supreme Court Clarifies Financial Creditor Status in Insolvency Cases: China Development Bank vs. Doha Bank (2024)

Supreme Court Clarifies Financial Creditor Status in Insolvency Cases: China Development Bank vs. Doha Bank (2024) LEGAL ISSUE: Whether entities providing loans to a company, with another entity acting as a guarantor through a Deed of Hypothecation, qualify as ‘Financial Creditors’ under the Insolvency and Bankruptcy Code, 2016 (IBC). CASE TYPE: Insolvency Law Case Name:

Supreme Court Clarifies Financial Creditor Status in Insolvency Cases: China Development Bank vs. Doha Bank (2024) Read Post »

Supreme Court Orders Liquidation of Jet Airways, Rejects PBG Adjustment in Insolvency Case (7 November 2024)

Supreme Court Orders Liquidation of Jet Airways, Rejects PBG Adjustment LEGAL ISSUE: Whether a Performance Bank Guarantee (PBG) can be adjusted against the first tranche payment in a resolution plan under the Insolvency and Bankruptcy Code (IBC), 2016. CASE TYPE: Corporate Insolvency Resolution Process (CIRP) Case Name: State Bank of India & Ors. vs. The

Supreme Court Orders Liquidation of Jet Airways, Rejects PBG Adjustment in Insolvency Case (7 November 2024) Read Post »

Supreme Court clarifies the limited scope of Section 11 of the Arbitration and Conciliation Act, 1996 in Goqii Technologies vs. Sokrati Technologies (2024)

Supreme Court Clarifies Scope of Section 11 of Arbitration Act in Goqii Technologies vs. Sokrati Technologies (2024) LEGAL ISSUE: Scope of interference by a referral court under Section 11 of the Arbitration and Conciliation Act, 1996. CASE TYPE: Arbitration Law Case Name: Goqii Technologies Private Limited vs. Sokrati Technologies Private Limited Judgment Date: 7th November

Supreme Court clarifies the limited scope of Section 11 of the Arbitration and Conciliation Act, 1996 in Goqii Technologies vs. Sokrati Technologies (2024) Read Post »

Supreme Court clarifies the scope of Section 11 of the Arbitration Act in Goqii Technologies vs. Sokrati Technologies (2024)

Supreme Court clarifies the scope of Section 11 of the Arbitration Act in Goqii Technologies vs. Sokrati Technologies (2024) LEGAL ISSUE: Scope of interference by a referral court under Section 11 of the Arbitration and Conciliation Act, 1996. CASE TYPE: Arbitration Law. Case Name: Goqii Technologies Private Limited vs. Sokrati Technologies Private Limited Judgment Date:

Supreme Court clarifies the scope of Section 11 of the Arbitration Act in Goqii Technologies vs. Sokrati Technologies (2024) Read Post »

Supreme Court Upholds Resolution Plan, Prioritizing IBC Over SEZ Act: Noida SEZ vs. Manish Agarwal (2024)

Supreme Court Upholds Resolution Plan, Prioritizing IBC Over SEZ Act: Noida SEZ vs. Manish Agarwal (2024) LEGAL ISSUE: Whether the Insolvency and Bankruptcy Code, 2016 (IBC) overrides the Special Economic Zone Act, 2005 (SEZ Act) in the context of a resolution plan. CASE TYPE: Insolvency Law Case Name: Noida Special Economic Zone Authority vs. Manish

Supreme Court Upholds Resolution Plan, Prioritizing IBC Over SEZ Act: Noida SEZ vs. Manish Agarwal (2024) Read Post »

Supreme Court Clarifies Procedure for CIRP Withdrawal: GLAS Trust Company LLC vs. BYJU Raveendran & Ors. (23 October 2024)

Supreme Court Clarifies Procedure for CIRP Withdrawal: GLAS Trust Company LLC vs. BYJU Raveendran & Ors. (2024) LEGAL ISSUE: Clarification on the procedure for withdrawal of Corporate Insolvency Resolution Process (CIRP) applications after admission but before the constitution of the Committee of Creditors (CoC). CASE TYPE: Insolvency Law Case Name: GLAS Trust Company LLC vs.

Supreme Court Clarifies Procedure for CIRP Withdrawal: GLAS Trust Company LLC vs. BYJU Raveendran & Ors. (23 October 2024) Read Post »

Supreme Court Upholds CIRP Admission Based on Debt Acknowledgment: Vidyasagar Prasad vs. UCO Bank (22 October 2024)

Supreme Court Upholds CIRP Admission Based on Debt Acknowledgment: Vidyasagar Prasad vs. UCO Bank (2024) LEGAL ISSUE: Whether acknowledgment of debt in balance sheets and One Time Settlement (OTS) proposals can extend the limitation period for initiating Corporate Insolvency Resolution Process (CIRP). CASE TYPE: Insolvency Law Case Name: Vidyasagar Prasad vs. UCO Bank & Anr.

Supreme Court Upholds CIRP Admission Based on Debt Acknowledgment: Vidyasagar Prasad vs. UCO Bank (22 October 2024) Read Post »

Supreme Court clarifies the definition of “Financial Debt” under the Insolvency and Bankruptcy Code: Global Credit Capital vs. Sach Marketing (25 April 2024)

Supreme Court Clarifies Financial Creditor Status in IBC: Global Credit Capital vs. Sach Marketing (2024) LEGAL ISSUE: Whether a security deposit paid under a service agreement constitutes a financial debt under the Insolvency and Bankruptcy Code, 2016. CASE TYPE: Insolvency Law Case Name: Global Credit Capital Limited & Anr. vs. Sach Marketing Pvt. Ltd. &

Supreme Court clarifies the definition of “Financial Debt” under the Insolvency and Bankruptcy Code: Global Credit Capital vs. Sach Marketing (25 April 2024) Read Post »

Supreme Court settles jurisdiction for offences under Insolvency and Bankruptcy Code: Insolvency and Bankruptcy Board of India vs. Satyanarayan Bankatlal Malu & Ors. (2024) INSC 319 (19 April 2024)

Supreme Court Clarifies Jurisdiction for Offences under the Insolvency and Bankruptcy Code Date of the Judgment: 19 April 2024 Citation: (2024) INSC 319 Judges: B.R. Gavai, J. and Sandeep Mehta, J. Can the amendments to the Companies Act, 2013, impact the jurisdiction of courts trying offences under the Insolvency and Bankruptcy Code, 2016? The Supreme

Supreme Court settles jurisdiction for offences under Insolvency and Bankruptcy Code: Insolvency and Bankruptcy Board of India vs. Satyanarayan Bankatlal Malu & Ors. (2024) INSC 319 (19 April 2024) Read Post »

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