Insolvency and Bankruptcy Code, 2016 with Section 12A

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

/ 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, National Company Law Appellate Tribunal Rules, 2016, National Company Law Appellate Tribunal Rules, 2016 with Rule 11

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 clarifies MSME promoter rights in insolvency, sets aside NCLAT order: R. Raghavendran vs. C. Raja John & Ors. (2023)

/ Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 12A, Insolvency and Bankruptcy Code, 2016 with Section 29A, MSME

Supreme Court Clarifies MSME Promoter Rights in Insolvency: R. Raghavendran vs. C. Raja John & Ors. (2023) Date of the Judgment: 13 September 2023 Citation: 2023 INSC 849 Judges: Sanjay Kishan Kaul, J. and Sudhanshu Dhulia, J. Can a promoter of a Micro, Small & Medium Enterprise (MSME) be exempt from competing with other resolution

Supreme Court clarifies MSME promoter rights in insolvency, sets aside NCLAT order: R. Raghavendran vs. C. Raja John & Ors. (2023) Read Post »

Supreme Court Allows Withdrawal of CIRP Before CoC Formation: Abhishek Singh vs. Huhtamaki PPL Ltd. (28 March 2023)

/ B.R. Gavai, Corporate Insolvency Resolution Process (CIRP), Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 12A, Judges, National Company Law Tribunal Rules, 2016, National Company Law Tribunal Rules, 2016 with Rule 11, Vikram Nath

Supreme Court Allows Withdrawal of CIRP Before CoC Formation: Abhishek Singh vs. Huhtamaki PPL Ltd. (2023) LEGAL ISSUE: Whether a Corporate Insolvency Resolution Process (CIRP) can be withdrawn before the constitution of the Committee of Creditors (CoC) when a settlement has been reached between the Operational Creditor (OC) and the Corporate Debtor (CD). CASE TYPE:

Supreme Court Allows Withdrawal of CIRP Before CoC Formation: Abhishek Singh vs. Huhtamaki PPL Ltd. (28 March 2023) Read Post »

Supreme Court Allows Withdrawal of CIRP Before CoC Formation: Abhishek Singh vs. Huhtamaki PPL Ltd. (28 March 2023)

/ B.R. Gavai, Committee of Creditors (CoC), Corporate Insolvency Resolution Process (CIRP), Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 12A, Judges, National Company Law Tribunal Rules, 2016, National Company Law Tribunal Rules, 2016 with Rule 11, Vikram Nath

Supreme Court Allows Withdrawal of CIRP Before CoC Formation: Abhishek Singh vs. Huhtamaki PPL Ltd. (2023) Date of the Judgment: 28 March 2023 Citation: 2023 INSC 308 Judges: B.R. Gavai, J., Vikram Nath, J. Can a company undergoing the Corporate Insolvency Resolution Process (CIRP) withdraw the process if it settles with the operational creditor before

Supreme Court Allows Withdrawal of CIRP Before CoC Formation: Abhishek Singh vs. Huhtamaki PPL Ltd. (28 March 2023) Read Post »

Supreme Court allows withdrawal of CIRP application before constitution of Committee of Creditors in Insolvency Cases (22 September 2022)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, Corporate Insolvency Resolution Process (CIRP), Indira Banerjee, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 12A, Insolvency and Bankruptcy Code, 2016 with Section 7, J.K. Maheshwari, Judges

Supreme Court Allows Withdrawal of CIRP Application Before CoC Formation LEGAL ISSUE: Whether an application for Corporate Insolvency Resolution Process (CIRP) can be withdrawn before the constitution of the Committee of Creditors (CoC). CASE TYPE: Insolvency Law Case Name: Ashok G. Rajani vs. Beacon Trusteeship Ltd. & Ors. Judgment Date: 22 September 2022 Introduction Date

Supreme Court allows withdrawal of CIRP application before constitution of Committee of Creditors in Insolvency Cases (22 September 2022) Read Post »

Supreme Court Upholds Commercial Wisdom of CoC in IBC Withdrawal: Vallal RCK vs. Siva Industries (2022)

/ B.R. Gavai, Corporate Insolvency Resolution Process, Hima Kohli, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 12A, Insolvency and Bankruptcy Code, 2016 with Section 7, Judges

Supreme Court Upholds Commercial Wisdom of CoC in IBC Withdrawal: Vallal RCK vs. Siva Industries (2022) LEGAL ISSUE: Whether the Adjudicating Authority (NCLT) or the Appellate Authority (NCLAT) can overrule the commercial wisdom of the Committee of Creditors (CoC) regarding the withdrawal of the Corporate Insolvency Resolution Process (CIRP). CASE TYPE: Insolvency and Bankruptcy Law

Supreme Court Upholds Commercial Wisdom of CoC in IBC Withdrawal: Vallal RCK vs. Siva Industries (2022) Read Post »

Supreme Court permits Promoter to complete housing project, setting aside NCLAT order: Anand Murti vs Soni Infratech (2022)

/ B.R. Gavai, Corporate Insolvency Resolution Process (CIRP), Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 12A, Insolvency and Bankruptcy Code, 2016 with Section 7, Judges, L. Nageswara Rao

Supreme Court permits Promoter to complete housing project, setting aside NCLAT order: Anand Murti vs Soni Infratech (2022) LEGAL ISSUE: Whether a promoter can be permitted to complete a housing project under the Insolvency and Bankruptcy Code (IBC) instead of continuing the Corporate Insolvency Resolution Process (CIRP). CASE TYPE: Insolvency Law Case Name: Anand Murti

Supreme Court permits Promoter to complete housing project, setting aside NCLAT order: Anand Murti vs Soni Infratech (2022) Read Post »

Supreme Court permits withdrawal of CIRP proceedings in favor of Homebuyers: Amit Katyal vs. Meera Ahuja (03 March 2022)

/ B.V. Nagarathna, Constitutional Law, Constitutional Law with Article 142, Corporate Insolvency Resolution Process (CIRP), Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 12A, Insolvency and Bankruptcy Code, 2016 with Section 7, Judges, M.R. Shah

Supreme Court permits withdrawal of CIRP proceedings in favor of Homebuyers: Amit Katyal vs. Meera Ahuja (2022) LEGAL ISSUE: Whether the Supreme Court can permit the withdrawal of Corporate Insolvency Resolution Process (CIRP) proceedings initiated by homebuyers, considering a settlement between the parties and the larger interest of the homebuyers. CASE TYPE: Insolvency Law Case

Supreme Court permits withdrawal of CIRP proceedings in favor of Homebuyers: Amit Katyal vs. Meera Ahuja (03 March 2022) 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 Upholds Key Provisions of Insolvency and Bankruptcy Code, 2016 in Swiss Ribbons Pvt. Ltd. vs. Union of India (25 January 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 »

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