The Kalyani Transco judgement has highlighted certain inefficiencies in the Code, calling for a revaluation of its provisions.

As the IBC framework continues to evolve, successful distressed M&A will require specialized expertise, innovative structuring, and careful navigation of the unique legal complexities that characterize acquisitions under CIRP.

The article challenges the ruling in Independent Sugar by examining the statutory provisions and the judicial approach to the issue.

The article suggests some alternatives to green channel mechanism that would expedite the CIRP.

Prioritizing environmental claims during bankruptcy proceedings could diminish a company's overall value, thus needing express provisions.

Inviting resolution plans and, after analyzing the same, approaching liquidation would, in the author’s view, amount to commercial wisdom.

The post discusses the employment of the conjunctive test for preservation of the claims of genuine stakeholders within the COC.

There is need for balance to be struck between commercial wisdom and ensuring fair and equitable treatment of all stakeholders.

It is important that the law laid down in the case of Hari Babu Thota be reviewed.

This article presents flexible resolution approach as a way forward to curb the menace emanating from inclusion of going concern sale.

There is need for a legislative amendment to bring in consistency in the treatment given to security holders under a resolution plan.

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.

The author foresees several ramifications of the SC judgment in Ebix v. Committee of Creditors of Educomp Solutions.