Corporate Insolvency Resolution Process

Supreme Court Upholds Employee’s Claim: N. Subramanian vs. M/S Aruna Hotels Ltd. (2021)

/ Acknowledgment of Debt, B.R. Gavai, Corporate Insolvency Resolution Process, Hrishikesh Roy, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 9, Judges, Limitation Act, 1963, Limitation Period, Operational Creditor, Rohinton Fali Nariman

Supreme Court Upholds Employee’s Claim: N. Subramanian vs. M/S Aruna Hotels Ltd. (2021) LEGAL ISSUE: Whether a claim for arrears of salary is time-barred under the Insolvency and Bankruptcy Code, 2016 (IBC) when there are acknowledgements of liability. CASE TYPE: Insolvency Law Case Name: N. Subramanian vs. M/S Aruna Hotels Ltd. & Anr. [Judgment Date]: […]

Supreme Court Upholds Employee’s Claim: N. Subramanian vs. M/S Aruna Hotels Ltd. (2021) Read Post »

Supreme Court Clarifies Moratorium Under IBC Does Not Bar Section 138 NI Act Proceedings Against Corporate Debtors (2021)

/ Corporate Insolvency Resolution Process, Dishonour of Cheques, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 14, Judges, K.M. Joseph, Navin Sinha, Negotiable Instruments Act, 1881, Negotiable Instruments Act, 1881 with Section 138, R.F. Nariman

Supreme Court Clarifies Moratorium Under IBC Does Not Bar Section 138 NI Act Proceedings Against Corporate Debtors (2021) LEGAL ISSUE: Whether the moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016 (IBC) applies to proceedings under Section 138 of the Negotiable Instruments Act, 1881. CASE TYPE: Insolvency and Criminal Law Case Name: P.

Supreme Court Clarifies Moratorium Under IBC Does Not Bar Section 138 NI Act Proceedings Against Corporate Debtors (2021) Read Post »

Supreme Court clarifies the scope of contempt in resolution plan disputes: Committee of Creditors of A MTEK Auto Limited vs. Dinkar T Venkatasubramanian & Ors (2021)

/ Contempt Law, Contempt of Court, Corporate Insolvency Resolution Process, Dhananjaya Y Chandrachud, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 31, Judges, M R Shah

Supreme Court clarifies the scope of contempt in resolution plan disputes: Committee of Creditors of A MTEK Auto Limited vs. Dinkar T Venkatasubramanian & Ors (2021) LEGAL ISSUE: Whether a party’s conduct in a corporate insolvency resolution process, specifically attempting to withdraw from an approved resolution plan and raising a plea of force majeure, constitutes

Supreme Court clarifies the scope of contempt in resolution plan disputes: Committee of Creditors of A MTEK Auto Limited vs. Dinkar T Venkatasubramanian & Ors (2021) Read Post »

Supreme Court clarifies the applicability of Section 10A of the Insolvency and Bankruptcy Code in cases of default during COVID-19: Ramesh Kymal vs. Siemens Gamesa (9 February 2021)

/ Corporate Insolvency Resolution Process, Dhananjaya Y Chandrachud, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 10A, Insolvency and Bankruptcy Code, 2016 with Section 9, Judges, MR Shah

Supreme Court clarifies Section 10A of IBC: Ramesh Kymal vs. Siemens Gamesa (2021) LEGAL ISSUE: Whether Section 10A of the Insolvency and Bankruptcy Code, 2016 (IBC) applies to applications filed before the provision came into force, for defaults occurring after March 25, 2020. CASE TYPE: Insolvency Law Case Name: Ramesh Kymal vs. M/s Siemens Gamesa

Supreme Court clarifies the applicability of Section 10A of the Insolvency and Bankruptcy Code in cases of default during COVID-19: Ramesh Kymal vs. Siemens Gamesa (9 February 2021) Read Post »

Supreme Court Dismisses Insolvency Plea Citing Limitation: Reliance Asset Reconstruction vs. Hotel Poonja International (2021)

/ Acknowledgment of Liability, Corporate Insolvency Resolution Process, Indira Banerjee, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 7, Judges, Limitation Act, 1963, Limitation Act, 1963 with Article 137, Limitation Act, 1963 with Section 18, Sanjiv Khanna

Supreme Court Dismisses Insolvency Plea Citing Limitation: Reliance Asset Reconstruction vs. Hotel Poonja International (2021) LEGAL ISSUE: Whether an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 is barred by limitation when the default occurred more than three years before the application was filed. CASE TYPE: Insolvency Law Case Name: M/s. Reliance

Supreme Court Dismisses Insolvency Plea Citing Limitation: Reliance Asset Reconstruction vs. Hotel Poonja International (2021) Read Post »

Supreme Court Upholds Amendments to Insolvency and Bankruptcy Code, 2016: A Detailed Analysis of Manish Kumar vs. Union of India (2021)

/ Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 32, Corporate Insolvency Resolution Process, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 32A, Insolvency and Bankruptcy Code, 2016 with Section 7, Judges, K.M. Joseph, Navin Sinha, Rohinton Fali Nariman

Supreme Court Upholds Amendments to Insolvency and Bankruptcy Code, 2016 Date of the Judgment: 19 January 2021 Citation: (2021) INSC 19 Judges: Rohinton Fali Nariman, Navin Sinha, and K.M. Joseph, JJ. Can a group of homebuyers be required to meet a threshold before initiating insolvency proceedings against a builder? The Supreme Court of India recently

Supreme Court Upholds Amendments to Insolvency and Bankruptcy Code, 2016: A Detailed Analysis of Manish Kumar vs. Union of India (2021) Read Post »

Supreme Court clarifies transfer of winding-up proceedings to NCLT under IBC: Action Ispat vs. Shyam Metalics (2020)

/ Companies Act, 2013, Companies Act, 2013 with Section 273, Companies Act, 2013 with Section 434, Corporate Insolvency Resolution Process, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 238, Judges, K.M. Joseph, Krishna Murari, R.F. Nariman, Winding Up

Supreme Court clarifies transfer of winding-up proceedings to NCLT under IBC: Action Ispat vs. Shyam Metalics (2020) LEGAL ISSUE: Transfer of winding-up proceedings to the National Company Law Tribunal (NCLT) under the Insolvency and Bankruptcy Code, 2016 (IBC). CASE TYPE: Insolvency Law Case Name: Action Ispat and Power Pvt. Ltd. vs. Shyam Metalics and Energy

Supreme Court clarifies transfer of winding-up proceedings to NCLT under IBC: Action Ispat vs. Shyam Metalics (2020) Read Post »

Supreme Court settles Limitation for IBC Section 7 Applications in Radha Exports Case (2020)

/ Arun Mishra, Corporate Insolvency Resolution Process, Indira Banerjee, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 5(8), Insolvency and Bankruptcy Code, 2016 with Section 7, Judges, Limitation Act, 1963, Limitation Act, 1963 with Article 137

Supreme Court Settles Limitation for IBC Section 7 Applications in Radha Exports Case (2020) LEGAL ISSUE: Whether an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) can be admitted if the claim is barred by limitation. CASE TYPE: Insolvency Law Case Name: M/S RADHA EXPORTS (INDIA) PVT. LIMITED. vs. K.P .

Supreme Court settles Limitation for IBC Section 7 Applications in Radha Exports Case (2020) Read Post »

Supreme Court Directs Consideration of Depositors’ Claims in DHFL Insolvency: Vinay Kumar Mittal vs. DHFL (2020)

/ Corporate Insolvency Resolution Process, Deepak Gupta, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 14, Insolvency and Bankruptcy Code, 2016 with Section 21(6A)(b), Judges, L. Nageswara Rao, National Housing Bank Act, 1987, National Housing Bank Act, 1987 with Section 36, National Housing Bank Act, 1987 with Section 36(A), Reserve Bank of India Act, 1934, Reserve Bank of India Act, 1934 with Section 45(q)(a)

Supreme Court Directs Consideration of Depositors’ Claims in DHFL Insolvency: Vinay Kumar Mittal vs. DHFL (2020) LEGAL ISSUE: Whether the claims of fixed deposit holders should be prioritized over other creditors during the insolvency resolution process of a financial service provider. CASE TYPE: Insolvency Law Case Name: Vinay Kumar Mittal & Ors. vs. Dewan Housing

Supreme Court Directs Consideration of Depositors’ Claims in DHFL Insolvency: Vinay Kumar Mittal vs. DHFL (2020) Read Post »

Supreme Court clarifies High Court’s jurisdiction over NCLT orders in insolvency cases: Embassy Property Developments Pvt. Ltd. vs. State of Karnataka (03 December 2019)

/ Aniruddha Bose, Constitutional Law, Constitutional Law with Article 226, Constitutional Law with Article 227, Corporate Insolvency Resolution Process, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 14, Insolvency and Bankruptcy Code, 2016 with Section 7, Judges, Mines and Minerals (Development and Regulation) Act, 1957, Mines and Minerals (Development and Regulation) Act, 1957 with Section 8A(6), Rohinton Fali Nariman, V. Ramasubramanian

Supreme Court clarifies High Court’s jurisdiction over NCLT orders in insolvency cases: Embassy Property Developments Pvt. Ltd. vs. State of Karnataka (2019) LEGAL ISSUE: Whether a High Court can interfere with an order passed by the National Company Law Tribunal (NCLT) under the Insolvency and Bankruptcy Code, 2016 (IBC), when there is a statutory remedy

Supreme Court clarifies High Court’s jurisdiction over NCLT orders in insolvency cases: Embassy Property Developments Pvt. Ltd. vs. State of Karnataka (03 December 2019) Read Post »

Supreme Court Halts High Court Auction Amidst Insolvency Proceedings: Anand Rao Korada vs. M/s. Varsha Fabrics (P) Ltd. (2019)

/ Corporate Insolvency Resolution Process, Indu Malhotra, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 14, Insolvency and Bankruptcy Code, 2016 with Section 238, Judges, R. Subhash Reddy

Supreme Court Halts High Court Auction Amidst Insolvency Proceedings: Anand Rao Korada vs. M/s. Varsha Fabrics (P) Ltd. (2019) LEGAL ISSUE: Whether the High Court can proceed with auctioning the assets of a company when insolvency proceedings have commenced before the National Company Law Tribunal (NCLT). CASE TYPE: Insolvency Law Case Name: Anand Rao Korada

Supreme Court Halts High Court Auction Amidst Insolvency Proceedings: Anand Rao Korada vs. M/s. Varsha Fabrics (P) Ltd. (2019) Read Post »

Supreme Court Upholds Municipal Rights in Insolvency Cases: MCGM vs. Abhilash Lal (2019)

/ Arun Mishra, Corporate Insolvency Resolution Process, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 238, Judges, Mumbai Municipal Corporation Act, 1888, Mumbai Municipal Corporation Act, 1888 with Section 92, Mumbai Municipal Corporation Act, 1888 with Section 92A, S. Ravindra Bhat, Vineet Saran

Supreme Court Upholds Municipal Rights in Insolvency Cases: MCGM vs. Abhilash Lal (2019) LEGAL ISSUE: Whether the Insolvency and Bankruptcy Code, 2016 (IBC) overrides the statutory rights of a municipal corporation to control its properties. CASE TYPE: Insolvency Law Case Name: Municipal Corporation of Greater Mumbai (MCGM) vs. Abhilash Lal & Ors. [Judgment Date]: 15

Supreme Court Upholds Municipal Rights in Insolvency Cases: MCGM vs. Abhilash Lal (2019) Read Post »

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