Corporate Insolvency Resolution Process Archives

Supreme Court allows insolvency proceedings under IBC without Tea Act consent: Duncans Industries Ltd. vs. A.J. Agrochem (2019)

October 4, 2019 / Arun Mishra, B. R. Gavai, Corporate Insolvency Resolution Process, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 238, Insolvency and Bankruptcy Code, 2016 with Section 9, Judges, M. R. Shah, Tea Act, 1953, Tea Act, 1953 with Section 16E, Tea Act, 1953 with Section 16G

Supreme Court allows insolvency proceedings under IBC without Tea Act consent: Duncans Industries Ltd. vs. A.J. Agrochem (2019) LEGAL ISSUE: Whether prior consent of the Central Government is required under Section 16G(1)(c) of the Tea Act, 1953, before initiating proceedings under Section 9 of the Insolvency and Bankruptcy Code, 2016. CASE TYPE: Insolvency Law Case […]

Supreme Court allows insolvency proceedings under IBC without Tea Act consent: Duncans Industries Ltd. vs. A.J. Agrochem (2019) Read Post »

Supreme Court clarifies limitation period for IBC applications: Vashdeo R Bhojwani vs. Abhyudaya Co-operative Bank Ltd (2019)

September 2, 2019 / Corporate Insolvency Resolution Process, 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 23, Rohinton Fali Nariman, Surya Kant

Supreme Court on Limitation for IBC Applications: Vashdeo R Bhojwani vs. Abhyudaya Co-operative Bank Ltd (2019) LEGAL ISSUE: Applicability of the Limitation Act to applications under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC). CASE TYPE: Insolvency Law Case Name: Vashdeo R Bhojwani vs. Abhyudaya Co-operative Bank Ltd & Anr. Judgment Date: 02

Supreme Court clarifies limitation period for IBC applications: Vashdeo R Bhojwani vs. Abhyudaya Co-operative Bank Ltd (2019) Read Post »

Supreme Court Orders Completion of Amrapali Group Projects, Protecting Homebuyers: Bikram Chatterji & Ors. vs. Union of India & Ors. (2019)

July 23, 2019 / Arun Mishra, Constitutional Law, Constitutional Law with Article 21, Constitutional Law with Article 32, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 12(1)(c), Corporate Insolvency Resolution Process, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 53, Insolvency and Bankruptcy Code, 2016 with Section 7, Judges, Real Estate (Regulation and Development) Act, 2016, Real Estate (Regulation and Development) Act, 2016 with Section 11(4), Real Estate (Regulation and Development) Act, 2016 with Section 4(2)(l)(D), Real Estate (Regulation and Development) Act, 2016 with Section 8, Uday Umesh Lalit

Amrapali Group Homebuyers Win Relief: Supreme Court Orders Project Completion LEGAL ISSUE: Protection of homebuyers’ rights and completion of stalled real estate projects. CASE TYPE: Real Estate/Consumer Law. Case Name: Bikram Chatterji & Ors. vs. Union of India & Ors. [Judgment Date]: 23 July 2019 Date of the Judgment: 23 July 2019 Citation: Not Available

Supreme Court Orders Completion of Amrapali Group Projects, Protecting Homebuyers: Bikram Chatterji & Ors. vs. Union of India & Ors. (2019) Read Post »

Supreme Court Holds Reliance Companies in Contempt for Breaching Undertakings: Ericsson vs. State Bank of India (20 February 2019)

February 20, 2019 / Constitutional Law, Constitutional Law with Article 142, Contempt of Courts Act, 1971, Contempt of Courts Act, 1971 with Section 12, Corporate Insolvency Resolution Process, Insolvency and Bankruptcy Code, 2016, Insolvency Code with Section 9, Judges, R.F. Nariman, Vineet Saran

Supreme Court Holds Reliance Companies in Contempt for Breaching Undertakings: Ericsson vs. State Bank of India (2019) LEGAL ISSUE: Whether Reliance Companies were in contempt of court for breaching undertakings given to the Supreme Court regarding payment to Ericsson. CASE TYPE: Contempt of Court Case Name: Reliance Communication Limited & Ors. vs. State Bank of

Supreme Court Holds Reliance Companies in Contempt for Breaching Undertakings: Ericsson vs. State Bank of India (20 February 2019) Read Post »

Supreme Court Upholds 75% Voting Share for Resolution Plans under IBC: K. Sashidhar vs. Indian Overseas Bank (2019)

February 5, 2019 / A.M. Khanwilkar, Ajay Rastogi, Corporate Insolvency Resolution Process, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 30(4), Insolvency and Bankruptcy Code, 2016 with Section 31, Judges

Supreme Court Upholds 75% Voting Share for Resolution Plans under IBC: K. Sashidhar vs. Indian Overseas Bank (2019) LEGAL ISSUE: Whether a resolution plan under the Insolvency and Bankruptcy Code, 2016 (IBC) requires approval by at least 75% of the voting share of financial creditors. CASE TYPE: Insolvency Law Case Name: K. Sashidhar vs. Indian

Supreme Court Upholds 75% Voting Share for Resolution Plans under IBC: K. Sashidhar vs. Indian Overseas Bank (2019) Read Post »

Supreme Court Clarifies Rights of Suspended Directors in Insolvency Proceedings: Vijay Kumar Jain vs. Standard Chartered Bank (2019)

January 31, 2019 / Corporate Insolvency Resolution Process, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 24, Insolvency and Bankruptcy Code, 2016 with Section 31, Judges, Navin Sinha, R.F. Nariman

Supreme Court Clarifies Rights of Suspended Directors in Insolvency Proceedings: Vijay Kumar Jain vs. Standard Chartered Bank (2019) Date of the Judgment: 31 January 2019 Citation: (2019) INSC 78 Judges: R.F. Nariman, J., Navin Sinha, J. Can former directors of a company undergoing insolvency proceedings access crucial resolution plans? The Supreme Court of India recently

Supreme Court Clarifies Rights of Suspended Directors in Insolvency Proceedings: Vijay Kumar Jain vs. Standard Chartered Bank (2019) Read Post »

Supreme Court Upholds Key Provisions of Insolvency and Bankruptcy Code, 2016 in Swiss Ribbons Pvt. Ltd. vs. Union of India (25 January 2019)

January 25, 2019 / Companies Act, 2013, Companies Act, 2013 with Section 412, Constitutional Law, Constitutional Law with Article 14, Corporate Insolvency Resolution Process, Fundamental Rights, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 12A, Insolvency and Bankruptcy Code, 2016 with Section 29A, Judges, Navin Sinha, R.F. Nariman

Supreme Court Upholds Key Provisions of Insolvency and Bankruptcy Code, 2016 Date of the Judgment: 25 January 2019 Citation: (2019) ibclaw.in 03 SC Judges: Justice R.F. Nariman and Justice Navin Sinha Is the Insolvency and Bankruptcy Code, 2016 (IBC) a constitutionally valid law? The Supreme Court of India recently addressed this critical question in a

Supreme Court Upholds Key Provisions of Insolvency and Bankruptcy Code, 2016 in Swiss Ribbons Pvt. Ltd. vs. Union of India (25 January 2019) Read Post »

Supreme Court clarifies the interplay between Winding-Up Petitions and IBC Proceedings: Forech India Ltd. vs. Edelweiss Assets Reconstruction Co. Ltd. (22 January 2019)

January 22, 2019 / Companies Act, 1956, Companies Act, 1956 with Section 433, Companies Act, 2013, Companies Act, 2013 with Section 434, Corporate Insolvency Resolution Process, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 238, Insolvency and Bankruptcy Code, 2016 with Section 7, Judges, Navin Sinha, Rohinton F. Nariman, Winding-up

Supreme Court Clarifies the interplay between Winding-Up Petitions and IBC Proceedings: Forech India Ltd. vs. Edelweiss Assets Reconstruction Co. Ltd. (2019) LEGAL ISSUE: The interplay between winding-up petitions filed under the Companies Act and insolvency proceedings initiated under the Insolvency and Bankruptcy Code, 2016 (IBC). CASE TYPE: Insolvency Law Case Name: Forech India Ltd. vs.

Supreme Court clarifies the interplay between Winding-Up Petitions and IBC Proceedings: Forech India Ltd. vs. Edelweiss Assets Reconstruction Co. Ltd. (22 January 2019) Read Post »

Supreme Court clarifies the applicability of the Limitation Act to applications under Sections 7 and 9 of the Insolvency and Bankruptcy Code: B.K. Educational Services Private Limited vs. Parag Gupta and Associates (2018) INSC 908 (11 October 2018)

October 11, 2018 / Companies Act, 2013, Companies Act, 2013 with Section 408, Companies Act, 2013 with Section 433, Corporate Insolvency Resolution Process, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 7, Insolvency and Bankruptcy Code, 2016 with Section 9, Judges, Limitation Act, 1963, Limitation Act, 1963 with Section 238A, Navin Sinha, R.F. Nariman

Supreme Court Clarifies Limitation Act Applicability to IBC Proceedings Date of the Judgment: 11 October 2018 Citation: (2018) INSC 908 Judges: R.F. Nariman, J. and Navin Sinha, J. Can a creditor initiate insolvency proceedings for a debt that is time-barred under the Limitation Act? The Supreme Court of India addressed this critical question, clarifying the

Supreme Court clarifies the applicability of the Limitation Act to applications under Sections 7 and 9 of the Insolvency and Bankruptcy Code: B.K. Educational Services Private Limited vs. Parag Gupta and Associates (2018) INSC 908 (11 October 2018) Read Post »