Introduction Date of the Judgment: May 02, 2025 Judges: Bela M. Trivedi, J., Satish Chandra Sharma, J. Can a resolution plan be approved if it violates the mandatory provisions of the Insolvency and Bankruptcy Code (IBC)? The Supreme Court of India addressed this critical question in the case of Kalyani Transco vs. M/s. Bhushan Power […]
Supreme Court Clarifies Eligibility for Resolution Applicants in MSME Insolvency Cases Date of the Judgment: 29 November 2023 Citation: 2023 INSC 1056 Judges: Justice Sanjay Kishan Kaul and Justice Sudhanshu Dhulia Can a promoter of a company, facing insolvency, submit a resolution plan if the company is classified as a Micro, Small, and Medium Enterprise
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 Stays Project-Wise Insolvency, Allows CIRP to Continue with Modifications: Indiabulls vs. Ram Kishore Arora (2023) LEGAL ISSUE: Whether the National Company Law Appellate Tribunal (NCLAT) can order a project-wise Corporate Insolvency Resolution Process (CIRP) instead of a company-wide CIRP under the Insolvency and Bankruptcy Code, 2016. CASE TYPE: Insolvency Law Case Name: Indiabulls
Supreme Court Upholds Rejection of Resolution Plan Due to Ineligibility and Procedural Lapses: M.K. Rajagopalan vs. Dr. Periasamy Palani Gounder (2023) LEGAL ISSUE: Whether a resolution plan can be approved despite the resolution applicant’s ineligibility and procedural irregularities in the Corporate Insolvency Resolution Process (CIRP). CASE TYPE: Insolvency Law Case Name: M.K. Rajagopalan vs. Dr.
Supreme Court Clarifies Valuation and Eligibility in Corporate Insolvency: M.K. Rajagopalan vs. Dr. Periasamy Palani Gounder (2023) Date of the Judgment: 03 May 2023 Citation: 2023 INSC 486 Judges: Justice Dinesh Maheshwari, Justice Vikram Nath. Can a resolution applicant be disqualified for a conflict of interest arising from their role in a charitable trust? The
Supreme Court clarifies ineligibility under Section 29A(h) of IBC: Bank of Baroda vs. MBL Infrastructures (2022) LEGAL ISSUE: Interpretation of Section 29A(h) of the Insolvency and Bankruptcy Code, 2016 concerning the eligibility of a resolution applicant who has provided a guarantee to a creditor. CASE TYPE: Insolvency Law Case Name: Bank of Baroda & Anr.
Supreme Court Clarifies Eligibility Under Section 29A(h) of IBC: Bank of Baroda vs. MBL Infrastructures (2022) Date of the Judgment: January 18, 2022 The Supreme Court of India, in a recent judgment, addressed a critical question regarding the eligibility of resolution applicants under the Insolvency and Bankruptcy Code, 2016 (IBC). Specifically, the court examined whether
Supreme Court Clarifies Ineligibility under Section 29A(h) of IBC for Guarantors: Bank of Baroda vs. MBL Infrastructures Ltd. (2022) LEGAL ISSUE: Interpretation of Section 29A(h) of the Insolvency and Bankruptcy Code, 2016 regarding the eligibility of a personal guarantor to submit a resolution plan. CASE TYPE: Insolvency Law Case Name: Bank of Baroda & Anr.
Supreme Court Clarifies Ineligibility Under Section 29A of IBC Extends to Section 230 of Companies Act in Liquidation: Arun Kumar Jagatramka vs. Jindal Steel and Power Ltd. (2021) INSC 158 Date of the Judgment: 15 March 2021 Citation: (2021) INSC 158 Judges: Dr. Dhananjaya Y Chandrachud, J and M R Shah, J Can promoters who
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
