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Liquidation After Approval of Resolution Plan: The IBC Faces Tough Challenges
In this article, the author identifies two major challenges revealed by the impugned judgments: lack of a statutory time limit to implement resolution plans and imprecise role of monitoring committees in ensuring implementation of resolution plans.
Rav Pratap Singh
6 days ago7 min read
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Reverse CIRP in 2025: A Turning Point in Insolvency Law
The reverse CIRP model remains judicially constructed and lacks a statutory base. The reforms provide structure and direction but require legislative harmonization to fully stabilize the process.
Mahi Agrawal
Jul 56 min read
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Rethinking SC’s Liquidation Order in BPSL Case: Examining Commercial Reality
It is argued that the SC could have explored other possible remedies, such as sending the resolution plan back to CoC to remedy the non-compliances and imposing penalties on responsible entities.
Mahabhashyam Uma Arpita, Mushabbarin Chowdhury
Jul 16 min read
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Saranga Aggarwal: A Normative Assessment of Penalty Bifurcation in Insolvency Law
Embracing a similar test in the IBC would avert unjust denial of valid financial claims dressed only as penalties. It would further strengthen creditor participation in the committee of creditors, allowing more balanced participation in the collective settlement process.
Kevin Preji, Sanjana Rao
Jun 286 min read
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Resolution to Reversal: Cost of Procedural Lapses in BPSL-JSW Case
While the BPSL-JSW is already forming into a landmark precedent in the IBC landscape, it risks creating a precedent, which undermines the revival aspect of IBC and has the possibility of deterring future CIRP proceedings.
Amishi Jain, Shatrupa Sharma
Jun 227 min read
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Failure to Implement Resolution Plan: A Case for Ineligibility under Section 29A
The Kalyani Transco judgement has highlighted certain inefficiencies in the Code, calling for a revaluation of its provisions.
Mayank Kaushik, Kanishka Pareek
Jun 77 min read
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Examining the Legal Framework Governing Insolvency of Individuals, Sole Proprietors and Partnership Firms in India
The insolvency framework for individuals, sole proprietors, and partnership firms in India is at a transformative juncture.
Namanveer Singh Sodhi, Aryansh Shukla
May 316 min read
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Analyzing NCLAT’s Affirmation in Damodar Valley Corporation v. Mackeil Ispat and Forging Limited: A Win for the Clean Slate Doctrine or a Legal Dilemma?
A regulatory shift is needed. ‘Super-priority utility claims’ would introduce vital services protection, and balance would be maintained through a tiered debt resolution system. A non-retroactivity clause can protect resolution applicants from post settlement litigation. Moreover, a strategically funded PCLF would guard against unforeseen claims and improve CIRP performance.
Suryansh Jaiswal, Yash Sharan
May 246 min read
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Applicant Reluctance and Legal Complexities in Distressed Acquisitions Under IBC
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.
Ayushman Sagar Jha, Chaitya Hiremath
May 116 min read
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Insolvency v/s Financial Crimes: NCLT’s Stand on ED’s Powers
The NCLT’s decision reaffirms the principle that a clear distinction must be maintained between the provision of IBC and PMLA.
Samriddhi, Saakshi Iyer
Apr 276 min read
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Revisiting Independent Sugar: Should CCI Approval be Directory?
The article challenges the ruling in Independent Sugar by examining the statutory provisions and the judicial approach to the issue.
Khushi Vasu, Kunaal Hemnani
Mar 236 min read
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Churning the Ocean: The Irony of Section 230's Shield against IBC's Purge
The authors conclude that the dictum is prone to irony and contradicts the objectives of the IBC.
Aditi, Abha Singhal
Nov 9, 20247 min read
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Death of Personal Guarantor and its Consequences on PGIRP
The peculiar scenario of the demise of the PG presents various challenges and opportunities for the legislature.
Aarya Parihar
Oct 26, 20245 min read
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Expediting CIRP while Safeguarding Competition
The article suggests some alternatives to green channel mechanism that would expedite the CIRP.
Hamza Khan, Divyanshu Kumar
Oct 19, 20246 min read
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Unravelling the Labyrinth: Evolution of Homebuyers’ Status under IBC
The recent amendment to the Liquidation Regulations has introduced a measure of certainty and clarity for homebuyers.
Vanshika Sharma
Sep 24, 20246 min read
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Double Insolvency: Navigating the Complexities of Guarantor and Principal Debtor CIRPs
The ruling in this case has provided clarity on the intersection of guarantee contracts and insolvency and bankruptcy laws.
Mayank Kaushik, Kanishka Pareek
Sep 1, 20247 min read
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Navigating Section 14: Applicability to Foreign-Seated Arbitrations
The selective applicability of the provisions of Section 14 to only domestic-seated arbitrations results in several complexities.
Manav Pamnani, Shourya Sharma
Aug 25, 20248 min read
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EPR in Insolvency: Quest for a Greener Resolution
[Zoya and Digvijay are students at National Law University Odisha.] Unprecedented temperatures, pernicious hurricanes and melting...
Digvijay Khatai, Zoya Farah Hussain
Jul 20, 20246 min read
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Redefining Insolvency: A Case for Prioritizing Ecological Concerns
Prioritizing environmental claims during bankruptcy proceedings could diminish a company's overall value, thus needing express provisions.
Aditi Bharadwaj, Pratishtha Shrivastava
Jun 29, 20246 min read
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The Case of Sutanu Sinha: Misunderstood Law and Damaging Consequences
The SC in Sutanu Sinha chose from the diverging set of views on the nature of CCDs and their treatment under the IBC.
Ritvik Mishra
Jun 16, 20247 min read
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Project-Wise CIRP: To Order or Not?
This post outlines the real estate sector’s importance and elucidates the concept of project-wise corporate insolvency resolution process.
Aarya Parihar
Jun 5, 20247 min read
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Enigma of Explanation to Section 33(2): Unleashing the Unchecked Power of CoC, A Threat to the Object of IBC
Inviting resolution plans and, after analyzing the same, approaching liquidation would, in the author’s view, amount to commercial wisdom.
Divyam Desai
Jun 2, 20246 min read
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Exploring the Conjunctive Test to Navigate the Treatment of Assignees of Related Party Financial Creditors Post Phoenix ARC v. Spade
The post discusses the employment of the conjunctive test for preservation of the claims of genuine stakeholders within the COC.
Mansi Verma
May 5, 20246 min read
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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
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