Supreme Court Upholds IBC’s Primacy Over Winding Up: A. Navinchandra Steels vs. SREI Equipment Finance (2021) LEGAL ISSUE: Whether the Insolvency and Bankruptcy Code, 2016 (IBC) overrides the Companies Act, 1956/2013 in cases of conflict, particularly when a winding-up petition has been admitted. CASE TYPE: Insolvency and Corporate Law Case Name: A. Navinchandra Steels Private […]
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 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 NCLT Order in Insolvency Case: SREI Equipment Finance Ltd. vs. Rajeev Anand & Ors. (2020) Date of the Judgment: September 08, 2020 Citation: 2020 INSC 647 Judges: R.F. Nariman, J., Navin Sinha, J., Indira Banerjee, J. Can an admission made by a corporate debtor in a previous, withdrawn proceeding be used as
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 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 Upholds Committee of Creditors’ Commercial Wisdom in Essar Steel Insolvency Resolution Date of the Judgment: 15 November 2019 Citation: (2019) INSC 1067 Judges: R.F. Nariman, J., Surya Kant, J., V. Ramasubramanian, J. Can a resolution plan approved by a Committee of Creditors be overturned by the National Company Law Appellate Tribunal (NCLAT)? The
Supreme Court extends CIRP timeline for Jaypee Infratech: Jaiprakash Associates Ltd vs. IDBI Bank Ltd (2019) LEGAL ISSUE: Whether the National Company Law Appellate Tribunal (NCLAT) has the authority to exclude certain periods from the Corporate Insolvency Resolution Process (CIRP) timeline and restart the CIRP with revised resolution plans. CASE TYPE: Corporate Insolvency Case Name:
Supreme Court Sets Aside Winding Up Order Due to Limitation: Jignesh Shah vs. Union of India (2019) LEGAL ISSUE: Whether a winding-up petition filed under the Companies Act, 1956, which is time-barred, can be revived as a Section 7 application under the Insolvency and Bankruptcy Code, 2016. CASE TYPE: Insolvency Law Case Name: Jignesh Shah
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
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 Upholds Natural Justice: NCLAT Order Set Aside in Insolvency Case LEGAL ISSUE: Violation of natural justice principles, specifically the right to be heard (audi alteram partem). CASE TYPE: Insolvency Law, specifically under the Insolvency and Bankruptcy Code, 2016 (IBC). Case Name: Jai Balaji Industries Limited vs. State Bank of India & Ors. [Judgment
