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 Clarifies Limitation for IBC Applications: Gaurav Dave vs. Asset Reconstruction Company (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: Gaurav Hargovindbhai Dave vs. Asset Reconstruction Company (India) Ltd. [Judgment Date]: 18 September 2019 Date
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 Allows Trade Unions to File Insolvency Petitions on Behalf of Workers (2019) LEGAL ISSUE: Whether a trade union can be considered an operational creditor under the Insolvency and Bankruptcy Code, 2016. CASE TYPE: Insolvency Law Case Name: JK Jute Mill Mazdoor Morcha vs. Juggilal Kamlapat Jute Mills Company Ltd. Judgment Date: April 30,
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
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 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 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 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 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 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
