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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.
Aayush Panwar, Aditya Maheshwari
Feb 8, 20235 min read
Powers of ED Under Prevention of Money Laundering Law and the Tussle with IBC
The author examines the constant tussle between PMLA and IBC.
Manik
Jan 23, 20234 min read
The Fate of Pre-Pack in India
The author analyses the possible reasons for the low rate of initiation under the pre-pack framework.
Deepali Bhandari
Jan 16, 20234 min read
Interpreting Rainbow Papers: What is a Statutory Charge?
This article attempts to present a narrower interpretation of the Rainbow Papers judgment.
Pratyush Singh
Nov 15, 20226 min read
Rainbow Papers Judgment: A Step Backwards in Insolvency
Per the author, the judgment in Rainbow Papers requires immediate review.
Amar Gupta
Oct 9, 20224 min read
The Polyvocal Court
The author evaluates the judgment in Vidarbha Industries which reverses the position upheld in Innoventive and Bharath Hi-Tecch.
Amar Gupta
Oct 2, 20224 min read
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.
Harsh Tomar
Sep 21, 20227 min read
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.
Sanya Goel
Sep 16, 20225 min read
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.
Harshit Joshi
Aug 4, 20226 min read
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.
Chhavi Singh
Jul 12, 20226 min read
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.
Diya Dave
Jul 4, 20226 min read
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.
Srushti S Kekre, Akshay Shrivastava
Jun 20, 20226 min read
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.
Gaargi Singh
Jun 13, 20227 min read
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.
Shivam Bhattacharya, Naman Jain
Jun 1, 20225 min read
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.
Arun Raghuram Mahapatra, Akshat Verma
Apr 15, 20224 min read
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.
Arun Raghuram Mahapatra, Akshat Verma
Apr 10, 20227 min read
Public Policy Exception to Proposed Cross-Border Insolvency Law – Two Problems & Proposed Amendments
Author deals with 2 problematic aspects and proposes amendments to public policy exception contained in draft cross border insolvency law.
Dharmendra Chatur
Apr 7, 20224 min read
Tracing Reforms in Indian Securitization Regime: Careful Optimism or Throwing Caution to the Wind?
The article describes the legal regime governing securitization while understanding the implications of the recent reforms in the regime.
Vedaant Agarwal, Shivankar Sukul
Apr 2, 202211 min read
Secured Creditors and Registration of Interests: A Change in Rights
This article assesses the rights of secured creditors conditional to filing of security interests prior to, and after the 2016 amendment.
Sudiksha Ravi
Feb 25, 20224 min read
The Inviolability of a Resolution Plan: Analysis by the Apex Court
The author foresees several ramifications of the SC judgment in Ebix v. Committee of Creditors of Educomp Solutions.
Sakshi Garg
Feb 14, 20226 min read
Mandatory Pre-Insolvency Restructuring: The Next Step in the Evolution of Our Insolvency Ecosystem
The author is of the view that a pre-insolvency restructuring process will arrest the flow of cases to the NCLT.
Dakshita Chopra
Feb 8, 20225 min read
Revisiting the Treatment of Subordination Agreements under Section 53 of the IBC
The article examines the NCLAT ruling Technology Development Board v. Anil Goel.
Ankit Sharma
Jan 3, 20227 min read
Videocon Saga: Does Commercial Wisdom Justify Huge Haircuts?
The authors attempt to answer the fundamental questions around haircuts and examine if the same truly cater to the objective of IBC.
Vedaant S Agarwal, Pratham P Mohanty
Aug 7, 20217 min read
Moratorium under Insolvency and Bankruptcy Proceedings Applicable to Cheque Dishonour Cases
The authors examine the judgment of the Supreme Court of India in P Mohanraj v Shah Brothers Ispat Private Limited.
Shubham Gupta, Mohak Thukral
May 27, 20217 min read
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