Consent Terms under IBC and Revival of CIRP on its Breach
The recognition of consent terms under the IBC represents a significant development in the Indian insolvency regime.
top of page
Praveen Sharma
- Aug 5
- 6 min
IBC Overrides Electricity Act: Capturing Fallacy in Rainbow Papers
The author argues that the Raman Ispat judgment prudently captures the fallacy in the Rainbow Papers judgment.
133
Vishesh Bhardwaj, Bhabesh Satapathy
- Jul 27
- 6 min
Operational Debt and the Inevitable Dilemma of Computing Interest Without an Express Clause
Tribunals have denied computation of interest without an express agreement for the same. The authors have argued in favour of computation.
168
Satwik Mohapatra
- Jul 15
- 6 min
The Turbulence of GoFirst: Unriddling the Insolvency Puzzle and Implications
The main issue which revolves around the insolvency of GoFirst is the possession of aircraft.
179
Manav Ganapathy
- Jul 9
- 6 min
(Re)Evaluation of the Treatment of Third-Party Security Holders under the IBC
There is need for a legislative amendment to bring in consistency in the treatment given to security holders under a resolution plan.
509
Aditi Kundu
- Jun 8
- 8 min
Principle of Commercial Wisdom Revisited: Comment on MK Rajagopalan v. Dr Periasamy Palai Gounder
The author attempts to analyze the stage that the principle of commercial wisdom of the CoC holds under the Indian insolvency jurisprudence.
466
Pratyush Singh
- May 25
- 6 min
The Need to Revisit the Exception of ‘Ordinary Course of Business’ under IBC
This article attempts to highlight the shortcomings of the court’s interpretation of the phrase ‘ordinary course of business’ in Anuj Jain.
378
Kumar Shubham, Divyansh Bhardwaj
- Apr 26
- 6 min
Reconsideration of an Approved Resolution Plan by CoC: A Conundrum?
Authors analyze the power of CoC to reconsider or review its approval in a case where the successful plan is pending the approval of AA.
720
Aayush Panwar, Aditya Maheshwari
- Feb 8
- 5 min
Supertech Insolvency: A Tussle Between Rights of Home-Buyers and Maximizing Assets under CIRP
This article aims to elucidate the provisions pertaining to reverse CIRP under the IBC.
710
Manik
- Jan 23
- 4 min
Powers of ED Under Prevention of Money Laundering Law and the Tussle with IBC
The author examines the constant tussle between PMLA and IBC.
726
Deepali Bhandari
- Jan 16
- 4 min
The Fate of Pre-Pack in India
The author analyses the possible reasons for the low rate of initiation under the pre-pack framework.
334
Pratyush Singh
- Nov 15, 2022
- 6 min
Interpreting Rainbow Papers: What is a Statutory Charge?
This article attempts to present a narrower interpretation of the Rainbow Papers judgment.
724
Amar Gupta
- Oct 9, 2022
- 4 min
Rainbow Papers Judgment: A Step Backwards in Insolvency
Per the author, the judgment in Rainbow Papers requires immediate review.
1,746
Amar Gupta
- Oct 2, 2022
- 4 min
The Polyvocal Court
The author evaluates the judgment in Vidarbha Industries which reverses the position upheld in Innoventive and Bharath Hi-Tecch.
135
Harsh Tomar
- Sep 21, 2022
- 7 min
Analyzing Arun Kumar Jagatramka v. Jindal Steel and Power
Author proposes a middle ground where promoters and directors are at least allowed to bring proposals under insolvency regime.
944
Sanya Goel
- Sep 16, 2022
- 5 min
The Vidarbha Ruling: Opening up Pandora’s Box
This article examines the Supreme Court’s judgement in Vidarbha and examines the dire consequences that it will have on IBC regime.
256
Harshit Joshi
- Aug 4, 2022
- 6 min
Section 29a(H) of IBC: Eligibility of Resolution Applicants
This article critically evaluates the ruling in MBL Infrastructures and the legal precedents surrounding Section 29A of IBC.
736
Chhavi Singh
- Jul 12, 2022
- 6 min
Need for Specialised Resolution Laws for Financial Institutions in India
The author argues that a separate resolution regime for banks is something India desperately needs to properly tackle bank failures.
372
Diya Dave
- Jul 4, 2022
- 6 min
Orator Marketing v. Samtex Desinz: A Case Comment
Author offers a critique on the decision of the Supreme Court of India in Orator Marketing v. Samtex Desinz.
380
Srushti S Kekre, Akshay Shrivastava
- Jun 20, 2022
- 6 min
Autonomy to Accountability: Code of Conduct Setting Standards of Transparency
Author believes that the proposed code of conduct for CoC may safeguard stakeholders against the arbitrary approval of a resolution plan.
328
Gaargi Singh
- Jun 13, 2022
- 7 min
Need for Judicial Scrutiny of the Commercial Wisdom of COC
The article addresses issues relating to flexibility given to COC and resolution professionals in the name of commercial wisdom under IBC.
1,284
Shivam Bhattacharya, Naman Jain
- Jun 1, 2022
- 5 min
Pre-Packaged Insolvency for MSMEs in India: A Shot in the Arm?
Authors analyse reasons for introduction of pre-packaged insolvency resolution process and highlight its potential challenges.
709
Arun Raghuram Mahapatra, Akshat Verma
- Apr 15, 2022
- 4 min
Causes of Inordinate Delays in the IBC and the Elixir to Cure Them - Part II
In this two-part blog, authors analyze and scrutinize some of the primary reasons for the delay in the insolvency process.
408
Arun Raghuram Mahapatra, Akshat Verma
- Apr 10, 2022
- 7 min
Causes of Inordinate Delays in the IBC and the Elixir to Cure Them - Part I
In this two-part blog, authors analyze and scrutinize some of the primary reasons for the delay in the insolvency process.
353
bottom of page