Supreme Court Upholds Constitutionality of Sections 95-100 of IBC: Dilip B Jiwrajka vs. Union of India (2023) LEGAL ISSUE: Constitutional validity of the process for initiating insolvency resolution for personal guarantors under Sections 95-100 of the Insolvency and Bankruptcy Code, 2016 (IBC). CASE TYPE: Insolvency Law, Constitutional Law Case Name: Dilip B Jiwrajka vs. Union […]
Supreme Court Clarifies Status of Compulsorily Convertible Debentures Under IBC: IFCI Limited vs. Sutanu Sinha & Ors. (2023) LEGAL ISSUE: Whether Compulsorily Convertible Debentures (CCDs) should be treated as debt or equity under the Insolvency and Bankruptcy Code, 2016 (IBC). CASE TYPE: Insolvency Law Case Name: M/s. IFCI Limited vs. Sutanu Sinha & Ors. [Judgment
Supreme Court Allows Withdrawal of SLP Challenging RBI Circulars: Jayaswal Neco Industries Ltd. vs. Reserve Bank of India (2022) LEGAL ISSUE: Whether a petitioner can withdraw a Special Leave Petition (SLP) challenging Reserve Bank of India (RBI) circulars after entering into private arrangements with lenders during a status-quo order. CASE TYPE: Banking Law, Insolvency Law
Supreme Court Restricts Operation of Bank Accounts During Moratorium Under IBC: Sandeep Khaitan vs. JSVM Plywood (2021) LEGAL ISSUE: Whether a High Court can allow the operation of bank accounts, which are frozen due to an FIR, during the moratorium period under the Insolvency and Bankruptcy Code, 2016 (IBC). CASE TYPE: Insolvency Law Case Name:
Supreme Court Directs Restructuring of Dues and Loan Disbursements in Amrapali Case (2020) LEGAL ISSUE: Whether NBCC can be held liable for disputes and liabilities of Amrapali Group projects, whether the interest rate of 12% imposed on Royalgolf Link City Projects Private Limited was justified, whether the FAR can be returned to Noida and Greater
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
