Ramesh Kymal: Analysing the Need for a Lesser ‘Creditor-Heavy’ Force Majeure Model under the IBC
This piece aims to address the impact of Section 10A of the IBC on operational creditors in the context of Ramesh Kymal case.
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Kumari Saloni
- May 14, 2021
- 6 min
IBC: The Balance Sheet-Acknowledgment Saga Settles, But There is Something More Concerning
While the article celebrates SC’s decision on balance sheet acknowledgment, it highlights its failure to examine Section 18 jurisprudence.
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Paridhi Rastogi, Yagya Sharma
- May 9, 2021
- 6 min
Supreme Court Settles the Law on the Interplay Between the IBC and the Limitation Act
This article discusses the issue of application of Section 14 of the Limitation Act to applications under Section 7 of the IBC.
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Kumari Saloni
- Apr 19, 2021
- 7 min
IBC: Avoidance Proceedings Beyond Resolution in Light of Venus Recruiters
The author examines a recent Delhi HC ruling that attempts to recognize the gap in the law regarding avoidance applications post-resolution.
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Vinisha Jain, Damini Chouhan
- Mar 25, 2021
- 4 min
Ramesh Kymal v M/s Siemens Gamesa Renewable Power: Quandary of Section 10A
The authors examine how Ramesh Kymal v Siemens Gamesa Renewable Power aptly depicts Section 10A as being asymmetrical and inadvertent.
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Sanjana L.B.
- Jan 25, 2021
- 6 min
Can Spectrum be Subjected to Proceedings under IBC?
The article examines several considerations around the question of whether spectrum is capable of being subjected to proceedings under IBC.
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Abhishek Jamalpur
- Dec 15, 2020
- 4 min
Analysing the Unenforceability of Ipso Facto Clauses During Insolvency Process
The article discusses ipso facto clauses from the standpoint of insolvency and liquidation process.
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Armaan Motiwala, Ritu Chaudhary
- Dec 3, 2020
- 6 min
NCLAT Reinforces the Timeframe of CIRP vis-Ã -vis Panna Pragati
[Armaan and Ritu are students at SVKM'S NMIMS Kirit P Mehta School of Law, Mumbai.] One of the underlining objectives of the Insolvency...
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Abhishekh Mishra
- Oct 7, 2020
- 7 min
Role of Resolution Professional in Determination of Claims under IBC: An Analysis
[Abhishekh is a student at National University of Study and Research in Law, Ranchi.] As far as creditors and debtors of the Indian...
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Harshil Wason
- Jul 28, 2020
- 6 min
To Enforce or to Relinquish – The Predicament of Joint Charge Holders under IBC
[Harshil is a student at Symbiosis Law School.] In a recent decision of the National Company Law Appellate Tribunal (NCLAT) in Mr...
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Keshav Somani
- Jul 25, 2020
- 5 min
Srikanth Dwarkanath v Surana Power Limited: NCLAT’s Idea of Majoritarianism
[Keshav is a student at Gujarat National Law University.] The National Company Law Tribunal (NCLT) Chennai directed the liquidation of...
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Dharmi Jilka
- Jul 24, 2020
- 6 min
Suspension of IBC: A Confounding Endeavour?
[Dharmi is a student at NMIMS School of Law, Mumbai.] On 5 June 2020, in the wake of the COVID-19 pandemic and the subsequent lockdown...
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Divyani Auti
- Jul 11, 2020
- 6 min
Clean Slate Approach under IBC: An Impetus to Insolvency Proceedings
[Divyani is a student at National Law University, Nagpur.] The Insolvency and Bankruptcy Code 2016 (IBC) is one of the most dynamic...
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Aparajita Kaul
- Jul 5, 2020
- 6 min
New Standard for Independence: NCLAT Says Ex-employee of Financial Creditor Cannot Act As Interim RP
[Aparajita is a student at NALSAR University of Law, Hyderabad.] On 22 May 2020, the National Company Law Appellate Tribunal (NCLAT), in...
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Soham Banerjee
- Jun 29, 2020
- 6 min
Allahabad Bank v. Poonam Resorts: NCLAT’s Primer on Section 7
This is the excerpt.
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Sumit Kumar Gupta
- Jun 27, 2020
- 6 min
IBC (Amendment) Ordinance 2020: A Shot in the Uncharted Territory?
[Sumit is a student at West Bengal National University of Juridical Sciences, Kolkata.] Unprecedented lockdowns have severely impacted...
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Devansh Rathi
- Jun 26, 2020
- 7 min
Leaving IBC in the Lurch: Issues Unattended by NCLAT in JSW-BPSL Case
[Devansh is a student at Ram Manohar Lohia National Law University.] The unification of insolvency laws in the form of the Insolvency...
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Preksha Mehndiratta, Anchit Jasuja
- Jun 24, 2020
- 5 min
The Missing Power of NCLT: Prospect of Contempt Proceedings under IBC
[Preksha and Anchit are students at Gujarat National Law University.] Under Part II of the Insolvency and Bankruptcy Code 2016 (IBC), the...
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Arnav Sinha
- May 22, 2020
- 6 min
Case against Suspension of the Insolvency and Bankruptcy Code amidst COVID-19 Lockdown
[Arnav Sinha is a fifth-year student at ILS Law College, Pune.] The Government of India has recently cleared a proposal to amend the...
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Aditya Shukla, Lakshaya Grover
- Apr 26, 2020
- 6 min
Increased Threshold under IBC - A Double Edged Sword
[Aditya Shukla and Lakshaya Grover are students at NALSAR University of Law.] The Ministry of Corporate Affairs, Government of India, by...
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Akshay Sharma, Kunwar Surya Pratap
- Mar 31, 2020
- 6 min
Inquisitorial Interventions by High Courts with Insolvency and Bankruptcy Code
[Akshay Sharma and Kunwar Surya Pratap are students at National University of Study and Research in Law, Ranchi.] The insolvency and...
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Shivani Shenoy, Yashwardhan Rajawat
- Feb 20, 2020
- 7 min
Applicability of Moratorium to Attachment Proceedings: Reverse Engineering Section 32A
[Shivani Shenoy and Yashwardhan Rajawat are students at Symbiosis Law School, Pune.] The provisions of the Insolvency and Bankruptcy Code...
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Dhiraj Yadav, Barkha Dwivedi
- Feb 16, 2020
- 6 min
Personal Guarantors to Corporate Debtors - New Regime Unfolding New Issues
[Dhiraj Yadav and Barkha Dwivedi are students at Ram Manohar Lohia National Law University.] The Indian Parliament enacted the Insolvency...
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Sumit Kumar Gupta
- Jan 11, 2020
- 5 min
Entities Too Big to Fail: Tweaking the Trigger to Get Financial Service Provider into the Game
[Sumit Kumar Gupta is a student at West Bengal National University of Juridical Sciences, Kolkata.] In what appears to be a routine...
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