Supreme Court Upholds Rejection of Belated Claim in Insolvency: RPS Infrastructure Ltd. vs. Mukul Kumar (2023) Date of the Judgment: September 11, 2023 Citation: 2023 INSC 816 Judges: Sanjay Kishan Kaul, J. and Sudhanshu Dhulia, J. Can a creditor, who missed the initial deadline, have their claim considered after the resolution plan has been approved […]
Supreme Court Clarifies Priority of Electricity Dues in Insolvency: Paschimanchal Vidyut Vitran Nigam Ltd. vs. Raman Ispat Pvt. Ltd. (2023) Date of the Judgment: July 17, 2023 Citation: 2023 INSC 625 Judges: S. Ravindra Bhat, J, Dipankar Datta, J. Can electricity dues be treated as secured debts, and if so, what is their priority in
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 Admission of Insolvency Application: M. Suresh Kumar Reddy vs. Canara Bank (2023) LEGAL ISSUE: Whether the National Company Law Tribunal (NCLT) has discretion to reject an application for the initiation of Corporate Insolvency Resolution Process (CIRP) under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IB Code) once a financial debt
Supreme Court Upholds Admission of Insolvency Application: M. Suresh Kumar Reddy vs. Canara Bank (2023) Date of the Judgment: May 11, 2023 Citation: 2023 INSC 521 Judges: Abhay S. Oka, J., Rajesh Bindal, J. Can a corporate debtor avoid insolvency proceedings by claiming the creditor should have extended bank guarantees? The Supreme Court of India
Supreme Court Stays Project-Wise Insolvency Resolution: Indiabulls vs. Ram Kishore (2023) LEGAL ISSUE: Whether the National Company Law Appellate Tribunal (NCLAT) can order a project-wise insolvency resolution process under the Insolvency and Bankruptcy Code, 2016 (IBC). CASE TYPE: Insolvency Law Case Name: Indiabulls Asset Reconstruction Company Limited vs. Ram Kishore Arora & Ors. [Judgment Date]:
Supreme Court Clarifies Rights of Secured Creditors in Insolvency: Vistra ITCL vs. Dinkar Venkatasubramanian (2023) LEGAL ISSUE: What are the rights of a secured creditor holding pledged shares in the context of the Insolvency and Bankruptcy Code, 2016 (IBC)? CASE TYPE: Insolvency Law Case Name: M/S VISTRA ITCL (INDIA) LTD & ORS. vs. MR. DINKAR
Supreme Court Clarifies Rights of Secured Creditors with Pledged Shares in Insolvency Cases LEGAL ISSUE: Whether a secured creditor holding pledged shares of a corporate debtor can be considered a financial creditor or operational creditor under the Insolvency and Bankruptcy Code, 2016 (IBC), and how their interests should be protected in a resolution plan. CASE
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 Upholds IBC Section 53: Workmen Dues Prioritized in Liquidation LEGAL ISSUE: Validity of Section 327(7) of the Companies Act, 2013 and the waterfall mechanism under Section 53 of the Insolvency and Bankruptcy Code, 2016 concerning workmen’s dues. CASE TYPE: Insolvency and Bankruptcy Law Case Name: Moser Baer Karamchari Union Thr. President Mahesh Chand
Supreme Court clarifies limitation for appeals under IBC: Sanket Kumar Agarwal vs. APG Logistics (2023) LEGAL ISSUE: Determining the correct calculation of the limitation period for filing appeals under the Insolvency and Bankruptcy Code, 2016 (IBC). CASE TYPE: Insolvency Law Case Name: Sanket Kumar Agarwal & Anr vs. APG Logistics Private Limited [Judgment Date]: 1
