Supreme Court Clarifies Financial Creditor Status in Insolvency Cases: China Development Bank vs. Doha Bank (2024) LEGAL ISSUE: Whether entities providing loans to a company, with another entity acting as a guarantor through a Deed of Hypothecation, qualify as ‘Financial Creditors’ under the Insolvency and Bankruptcy Code, 2016 (IBC). CASE TYPE: Insolvency Law Case Name: […]
Supreme Court Clarifies Financial Creditor Status in IBC: Global Credit Capital vs. Sach Marketing (2024) LEGAL ISSUE: Whether a security deposit paid under a service agreement constitutes a financial debt under the Insolvency and Bankruptcy Code, 2016. CASE TYPE: Insolvency Law Case Name: Global Credit Capital Limited & Anr. vs. Sach Marketing Pvt. Ltd. &
Supreme Court Rules RERA Decree Holders are Financial Creditors under IBC Date of the Judgment: 06 October 2023 Citation: (2023) INSC 913 Judges: S. Ravindra Bhat, J., and Aravind Kumar, J. Can a homebuyer who has obtained a decree from the Real Estate Regulatory Authority (RERA) be treated differently from other homebuyers under the Insolvency
NOIDA Not a Financial Creditor Under IBC: Supreme Court Judgment Analysis LEGAL ISSUE: Whether a development authority, specifically NOIDA, qualifies as a financial creditor under the Insolvency and Bankruptcy Code (IBC) based on lease dues. CASE TYPE: Insolvency and Bankruptcy Law Case Name: New Okhla Industrial Development Authority vs. Anand Sonbhadra & Ors. Judgment Date:
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 Financial Creditor Status in Pledge Agreements: Phoenix ARC vs. Ketulbhai Patel (2021) LEGAL ISSUE: Whether a party holding a pledge of shares as security qualifies as a financial creditor under the Insolvency and Bankruptcy Code, 2016. CASE TYPE: Insolvency Law Case Name: Phoenix ARC Pvt. Ltd. vs. Ketulbhai Ramubhai Patel [Judgment Date]:
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 .
