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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.
Tejas Hinder, Diksha Bhatt
May 20, 20215 min read
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.
Kumari Saloni
May 14, 20216 min read
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.
Paridhi Rastogi, Yagya Sharma
May 9, 20216 min read
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.
Kumari Saloni
Apr 19, 20217 min read
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.
Vinisha Jain, Damini Chouhan
Mar 25, 20214 min read
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.
Sanjana L.B.
Jan 25, 20216 min read
Analysing the Unenforceability of Ipso Facto Clauses During Insolvency Process
The article discusses ipso facto clauses from the standpoint of insolvency and liquidation process.
Abhishek Jamalpur
Dec 15, 20204 min read
NCLAT Reinforces the Timeframe of CIRP vis-à-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...
Armaan Motiwala, Ritu Chaudhary
Dec 3, 20206 min read
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...
Abhishekh Mishra
Oct 7, 20207 min read
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...
Harshil Wason
Jul 28, 20206 min read
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...
Keshav Somani
Jul 25, 20205 min read
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...
Dharmi Jilka
Jul 24, 20206 min read
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...
Divyani Auti
Jul 11, 20206 min read
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...
Aparajita Kaul
Jul 5, 20206 min read
Allahabad Bank v. Poonam Resorts: NCLAT’s Primer on Section 7
This is the excerpt.
Soham Banerjee
Jun 29, 20206 min read
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...
Sumit Kumar Gupta
Jun 27, 20206 min read
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...
Devansh Rathi
Jun 26, 20207 min read
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...
Preksha Mehndiratta, Anchit Jasuja
Jun 24, 20205 min read
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...
Arnav Sinha
May 22, 20206 min read
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...
Aditya Shukla, Lakshaya Grover
Apr 26, 20206 min read
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...
Akshay Sharma, Kunwar Surya Pratap
Mar 31, 20206 min read
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...
Shivani Shenoy, Yashwardhan Rajawat
Feb 20, 20207 min read
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...
Dhiraj Yadav, Barkha Dwivedi
Feb 16, 20206 min read
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...
Sumit Kumar Gupta
Jan 11, 20205 min read
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