Corporate Insolvency Resolution Process

Supreme Court clarifies Adjudicating Authority’s Role in Insolvency Petitions: E S Krishnamurthy vs. Bharath Hi Tech Builders (2021)

/ A S Bopanna, Corporate Insolvency Resolution Process, Dhananjaya Y Chandrachud, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 3(12), Insolvency and Bankruptcy Code, 2016 with Section 7, Judges

Supreme Court Clarifies Adjudicating Authority’s Role in Insolvency Petitions: E S Krishnamurthy vs. Bharath Hi Tech Builders (2021) LEGAL ISSUE: The core legal issue is whether the Adjudicating Authority under the Insolvency and Bankruptcy Code, 2016 (IBC) can dismiss a Section 7 petition for initiating the Corporate Insolvency Resolution Process (CIRP) solely because the corporate […]

Supreme Court clarifies Adjudicating Authority’s Role in Insolvency Petitions: E S Krishnamurthy vs. Bharath Hi Tech Builders (2021) Read Post »

Supreme Court Orders Implementation of Resolution Plan in Amtek Auto Insolvency Case (01 December 2021)

/ Corporate Insolvency Resolution Process, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 12, Insolvency and Bankruptcy Code, 2016 with Section 74(3), Judges, M.R. Shah, Sanjiv Khanna

Supreme Court Orders Implementation of Resolution Plan in Amtek Auto Insolvency Case LEGAL ISSUE: The core legal issue revolves around the implementation of a resolution plan under the Insolvency and Bankruptcy Code, 2016 (IBC), specifically when a successful resolution applicant fails to adhere to the approved plan. CASE TYPE: Insolvency Law Case Name: Committee of

Supreme Court Orders Implementation of Resolution Plan in Amtek Auto Insolvency Case (01 December 2021) Read Post »

Supreme Court allows delayed claim in Insolvency Case: GPR Power Solutions vs. Supriyo Chaudhuri (29 November 2021)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11, Arbitration and Conciliation Act, 1996 with Section 34, Constitutional Law, Constitutional Law with Article 141, Constitutional Law with Article 142, Corporate Insolvency Resolution Process, Indira Banerjee, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 60(5), Insolvency and Bankruptcy Code, 2016 with Section 7, J.K. Maheshwari, Judges

Supreme Court Allows Delayed Claim in Insolvency Case: GPR Power Solutions vs. Supriyo Chaudhuri (2021) LEGAL ISSUE: Whether the delay in filing a claim by a creditor in the Corporate Insolvency Resolution Process (CIRP) can be condoned, considering the Supreme Court’s orders on extending limitation periods during the COVID-19 pandemic. CASE TYPE: Insolvency Law Case

Supreme Court allows delayed claim in Insolvency Case: GPR Power Solutions vs. Supriyo Chaudhuri (29 November 2021) Read Post »

Supreme Court Clarifies NCLT’s Jurisdiction in Contract Termination During CIRP: Tata Consultancy Services vs. SK Wheels (2021)

/ A S Bopanna, Breach of contract, Contract Law, Contract Law with Determinable Contract, Corporate Insolvency Resolution Process, Dhananjaya Y Chandrachud, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 238, Insolvency and Bankruptcy Code, 2016 with Section 60(5)(c), Judges, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 14

Supreme Court Clarifies NCLT’s Jurisdiction in Contract Termination During CIRP: Tata Consultancy Services vs. SK Wheels (2021) LEGAL ISSUE: Scope of the National Company Law Tribunal’s (NCLT) residuary jurisdiction under Section 60(5)(c) of the Insolvency and Bankruptcy Code (IBC) to adjudicate contractual disputes during the Corporate Insolvency Resolution Process (CIRP). CASE TYPE: Insolvency Law, Contract

Supreme Court Clarifies NCLT’s Jurisdiction in Contract Termination During CIRP: Tata Consultancy Services vs. SK Wheels (2021) Read Post »

Supreme Court Upholds Admission of Insolvency Application Based on Acknowledgment of Debt: Rajendra Narottamdas Sheth vs. Chandra Prakash Jain (2021)

/ B. R. Gavai, B. V. Nagarathna, Corporate Insolvency Resolution Process, Financial Creditor, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 7, Judges, L. Nageswara Rao, Limitation Act, 1963, Limitation Act, 1963 with Section 18, Limitation Act, 1963 with Section 19

Supreme Court Upholds Admission of Insolvency Application Based on Acknowledgment of Debt: Rajendra Narottamdas Sheth vs. Chandra Prakash Jain (2021) LEGAL ISSUE: Whether an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 is maintainable when filed by a power of attorney holder and whether such application is barred by limitation. CASE TYPE:

Supreme Court Upholds Admission of Insolvency Application Based on Acknowledgment of Debt: Rajendra Narottamdas Sheth vs. Chandra Prakash Jain (2021) Read Post »

Supreme Court Upholds Withdrawal of CIRP, Prioritizing Corporate Revival: K.N. Rajakumar vs. V. Nagarajan (2021)

/ B.R. Gavai, B.V. Nagarathna, Companies Act, 2013, Companies Act, 2013 with Section 271(1)(a), Corporate Insolvency Resolution Process, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 12A, Insolvency and Bankruptcy Code, 2016 with Section 9, Judges, L. Nageswara Rao

Supreme Court Upholds Withdrawal of CIRP, Prioritizing Corporate Revival: K.N. Rajakumar vs. V. Nagarajan (2021) LEGAL ISSUE: Whether the Committee of Creditors (CoC) should be reconstituted based on updated claims before allowing the withdrawal of the Corporate Insolvency Resolution Process (CIRP). CASE TYPE: Insolvency Law Case Name: K.N. Rajakumar vs. V. Nagarajan & Ors. Judgment

Supreme Court Upholds Withdrawal of CIRP, Prioritizing Corporate Revival: K.N. Rajakumar vs. V. Nagarajan (2021) Read Post »

Supreme Court Clarifies Moratorium Under IBC: Anjali Rathi & Ors. vs. Today Homes & Infrastructure Pvt. Ltd. (2021)

/ Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Sections 25 and 27, Corporate Insolvency Resolution Process, Dhananjaya Y Chandrachud, Hima Kohli, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 14, Judges, Vikram Nath

Supreme Court Clarifies Moratorium Under IBC: Anjali Rathi & Ors. vs. Today Homes & Infrastructure Pvt. Ltd. (2021) LEGAL ISSUE: Whether the moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016 (IBC) extends to the personal properties of the promoters of a corporate debtor. CASE TYPE: Insolvency Law, Consumer Law Case Name: Anjali

Supreme Court Clarifies Moratorium Under IBC: Anjali Rathi & Ors. vs. Today Homes & Infrastructure Pvt. Ltd. (2021) Read Post »

Supreme Court Clarifies Limitation for IBC Applications: Dena Bank vs. C. Shivakumar Reddy (2021)

/ Corporate Insolvency Resolution Process, Indira Banerjee, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 238A, Insolvency and Bankruptcy Code, 2016 with Section 7, Judges, Limitation Act, 1963, Limitation Act, 1963 with Article 137, Limitation Act, 1963 with Section 18, V. Ramasubramanian

Supreme Court Clarifies Limitation for IBC Applications: Dena Bank vs. C. Shivakumar Reddy (2021) LEGAL ISSUE: Applicability of limitation period under the Insolvency and Bankruptcy Code, 2016 (IBC) and the effect of acknowledgment of debt. CASE TYPE: Insolvency Law Case Name: Dena Bank (now Bank of Baroda) vs. C. Shivakumar Reddy and Anr. Judgment Date:

Supreme Court Clarifies Limitation for IBC Applications: Dena Bank vs. C. Shivakumar Reddy (2021) Read Post »

Supreme Court clarifies definition of Financial Debt under IBC for Interest-Free Loans: Orator Marketing vs. Samtex Desinz (2021)

/ Corporate Insolvency Resolution Process, Financial Debt, Indira Banerjee, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 5(8), Judges, V. Ramasubramanian

Supreme Court Clarifies Definition of Financial Debt Under IBC for Interest-Free Loans: Orator Marketing vs. Samtex Desinz (2021) LEGAL ISSUE: Whether an interest-free term loan for working capital qualifies as a “financial debt” under the Insolvency and Bankruptcy Code (IBC). CASE TYPE: Insolvency Law Case Name: M/s Orator Marketing Pvt. Ltd. vs. M/s Samtex Desinz

Supreme Court clarifies definition of Financial Debt under IBC for Interest-Free Loans: Orator Marketing vs. Samtex Desinz (2021) Read Post »

Supreme Court clarifies the role of balance sheets in acknowledging debt under the Insolvency and Bankruptcy Code (IBC): Asset Reconstruction Company vs. Bishal Jaiswal (2021)

/ B.R. Gavai, Companies Act, 2013, Companies Act, 2013 with Section 129, Corporate Insolvency Resolution Process, Financial Statements, Hrishikesh Roy, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 238A, Insolvency and Bankruptcy Code, 2016 with Section 7, Judges, Limitation Act, 1963, Limitation Act, 1963 with Section 18, R.F. Nariman

Supreme Court Clarifies the Role of Balance Sheets in Acknowledging Debt under IBC Date of the Judgment: April 15, 2021 Citation: (2021) INSC 218 Judges: R.F. Nariman, J., B.R. Gavai, J., Hrishikesh Roy, J. Can a company’s balance sheet serve as valid proof of debt acknowledgment, thereby extending the limitation period for initiating insolvency proceedings?

Supreme Court clarifies the role of balance sheets in acknowledging debt under the Insolvency and Bankruptcy Code (IBC): Asset Reconstruction Company vs. Bishal Jaiswal (2021) Read Post »

Supreme Court Clarifies Powers of Adjudicating Authority in Jaypee Infratech Resolution Plan (24 March 2021)

/ A.M. Khanwilkar, Constitutional Law, Constitutional Law with Article 142, Corporate Insolvency Resolution Process, Dinesh Maheshwari, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 30, Insolvency and Bankruptcy Code, 2016 with Section 31, Judges, Sanjiv Khanna

Supreme Court Clarifies Powers of Adjudicating Authority in Jaypee Infratech Resolution Plan (24 March 2021) LEGAL ISSUE: Scope of powers and jurisdiction of the Adjudicating Authority while dealing with the resolution plan approved by the Committee of Creditors. CASE TYPE: Corporate Insolvency Resolution Process (CIRP) Case Name: Jaypee Kensington Boulevard Apartments Welfare Association & Ors.

Supreme Court Clarifies Powers of Adjudicating Authority in Jaypee Infratech Resolution Plan (24 March 2021) Read Post »

Supreme Court clarifies the applicability of Limitation Act to IBC: Sesh Nath Singh vs. Baidyabati Sheoraphuli Co-operative Bank Ltd. (22 March 2021)

/ Corporate Insolvency Resolution Process, Hemant Gupta, Indira Banerjee, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 238A, Insolvency and Bankruptcy Code, 2016 with Section 7, Judges, Limitation Act, 1963, Limitation Act, 1963 with Article 137, Limitation Act, 1963 with Section 14, SARFAESI Act, 2002, SARFAESI Act, 2002 with Section 13(2), SARFAESI Act, 2002 with Section 13(4)

Supreme Court Clarifies Limitation for IBC Applications: Sesh Nath Singh vs. Baidyabati Sheoraphuli Co-operative Bank Ltd. (2021) LEGAL ISSUE: Whether Section 14 of the Limitation Act, 1963 applies to applications under Section 7 of the Insolvency and Bankruptcy Code (IBC), 2016, and whether delays in filing such applications can be condoned. CASE TYPE: Insolvency Law

Supreme Court clarifies the applicability of Limitation Act to IBC: Sesh Nath Singh vs. Baidyabati Sheoraphuli Co-operative Bank Ltd. (22 March 2021) Read Post »

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