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Clarity on Parity? The Supreme Court’s Verdict on ‘Hyperclassification’ of Financial Creditors
By upholding appellants’ status as being part of a class of creditors, Supreme Court has managed to preserve the sanctity of 2018 amendment.
Mayannk Sharma
Mar 31, 20246 min read
A Letter to Legislators of the Incumbent Group Insolvency Regime: Defining Corporate Group and Lessons from Cox and Kings
[Yadu is a student at Symbiosis Law School, Pune.] Group insolvency is defined under Article 2(f) of the UNCITRAL Model Laws on...
Yadu Krishna
Feb 17, 20246 min read
Navigating MSME Insolvency: SC Ruling in Hari Babu Thota and Section 29A Implications
Hari Babu ruling gives scope for abuse of Section 29A by allowing backdoor entry of promoters.
Kaustubh Kulkarni
Feb 14, 20246 min read
The Dichotomy of Resolution Professionals as Public Servants: Public Duty vis-à-vis Public Character
Narrow interpretation of the definition of ‘public servant’ is concerning due to its potential implications.
Avantika
Feb 2, 20246 min read
Analyzing the Contours of the Doctrine of Commercial Wisdom in light of Equitable Treatment of the Stakeholders
There is need for balance to be struck between commercial wisdom and ensuring fair and equitable treatment of all stakeholders.
Heeya Sharma, Snigdha
Feb 1, 20245 min read
MSME Exemption under IBC: Closing the Loophole
It is important that the law laid down in the case of Hari Babu Thota be reviewed.
Masad Khan
Jan 28, 20246 min read
Unveiling Appeal Limits: Supreme Court Verdict on Section 61 of IBC
The recent Supreme Court judgment has brought forth a crucial clarification regarding the limitation for filing appeals under Section 61.
Subhasish Pamegam
Jan 27, 20247 min read
CCDs: Balancing Investor Interests and Fairness in Legal Interpretation
The exploration of CCDs in insolvency cases shows a complex scenario where debt and equity distinctions are blurred.
Sidhanth M K Majoo, Arpit Dhingra
Jan 26, 20246 min read
NCLAT’s Ruling on CIRP’s Misuse through Barter Agreement and RERA’s Right To Appeal
The legal stance taken by NCLAT ensures that the remedy of compensation granted by RERA remains a robust and effective tool for homebuyers.
Garvit Shrivastava, Harshita Dhakad
Jan 18, 20247 min read
An Attempt to Align IBC with CTC: A Step in the Right Direction?
This article seeks to analyze the rationale and implications of the change to the aviation sector through the lens of the IBC.
Ishita Warghat
Dec 31, 20235 min read
Flexible Resolution Plans: An Egress from the Trap of Going Concern Sales
This article presents flexible resolution approach as a way forward to curb the menace emanating from inclusion of going concern sale.
Anmol Aggarwal, Akshat Verma
Dec 22, 20236 min read
Has the Creditor in Control Model Helped to Achieve the Objectives of the IBC
This article seeks to evaluate the role of the creditor-in-control model in achieving the objectives of the Insolvency and Bankruptcy Code.
Arth Doshi
Dec 16, 20235 min read
Paper Tigers: NCLT and NCLAT’s Contempt Jurisdiction under the IBC
A court of law that cannot ensure compliance to its orders is a mere courthouse of brick and mortar.
Shweta Kushe
Nov 30, 20238 min read
Cape Town Convention and Insolvency and Bankruptcy Code: Recent MCA Notification
Not only did the NCLT decision disallow the repossession of aircraft by the lessor, but it also projected India as a risky jurisdiction.
Govinda Asawa, Arayan Khare
Nov 4, 20235 min read
Enforceability of Foreign Arbitral Awards through Section 7 of IBC
The article demonstrates that a foreign arbitral award can be enforced by a financial creditor in India under Section 7 of the IBC.
Chaitanya Gupta
Nov 1, 20235 min read
Limited Responsibility of Asset Reconstruction Companies in the Recovery Process
ARCs have the scope of not just reviving assets but also reviving businesses which would contribute towards a more permanent resolution.
Shreya Saswati, Sruti Patra
Oct 5, 20236 min read
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.
Nakshatra Gujrati
Aug 18, 20235 min read
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.
Praveen Sharma
Aug 5, 20236 min read
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.
Vishesh Bhardwaj, Bhabesh Satapathy
Jul 27, 20236 min read
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.
Satwik Mohapatra
Jul 15, 20236 min read
(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.
Manav Ganapathy
Jul 9, 20236 min read
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.
Aditi Kundu
Jun 8, 20238 min read
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.
Pratyush Singh
May 25, 20236 min read
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.
Kumar Shubham, Divyansh Bhardwaj
Apr 26, 20236 min read
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