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.
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Kumar Shubham, Divyansh Bhardwaj
- Apr 26
- 6 min
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.
131
Aayush Panwar, Aditya Maheshwari
- Feb 8
- 5 min
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.
535
Manik
- Jan 23
- 4 min
Powers of ED Under Prevention of Money Laundering Law and the Tussle with IBC
The author examines the constant tussle between PMLA and IBC.
387
Pratyush Singh
- Nov 15, 2022
- 6 min
Interpreting Rainbow Papers: What is a Statutory Charge?
This article attempts to present a narrower interpretation of the Rainbow Papers judgment.
520
Amar Gupta
- Oct 2, 2022
- 4 min
The Polyvocal Court
The author evaluates the judgment in Vidarbha Industries which reverses the position upheld in Innoventive and Bharath Hi-Tecch.
121
Harsh Tomar
- Sep 21, 2022
- 7 min
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.
521
Sanya Goel
- Sep 16, 2022
- 5 min
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.
227
Chhavi Singh
- Jul 12, 2022
- 6 min
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.
272
Gaargi Singh
- Jun 13, 2022
- 7 min
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.
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Shivam Bhattacharya, Naman Jain
- Jun 1, 2022
- 5 min
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.
544
Arun Raghuram Mahapatra, Akshat Verma
- Apr 15, 2022
- 4 min
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.
336
Arun Raghuram Mahapatra, Akshat Verma
- Apr 10, 2022
- 7 min
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.
319
Vedaant Agarwal, Shivankar Sukul
- Apr 2, 2022
- 11 min
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.
307
Sudiksha Ravi
- Feb 25, 2022
- 4 min
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.
1,088
Sakshi Garg
- Feb 14, 2022
- 6 min
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.
388
Dakshita Chopra
- Feb 8, 2022
- 5 min
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.
232
Ankit Sharma
- Jan 2, 2022
- 6 min
Revisiting the Treatment of Subordination Agreements under Section 53 of the IBC
The article makes a plea that subordination agreements between secured creditors be respected under Section 53 of IBC.
689
Vedaant S Agarwal, Pratham P Mohanty
- Aug 7, 2021
- 7 min
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.
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Shubham Gupta, Mohak Thukral
- May 27, 2021
- 7 min
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.
869
Tejas Hinder, Diksha Bhatt
- May 20, 2021
- 5 min
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.
369
Kumari Saloni
- May 14, 2021
- 6 min
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.
572
Paridhi Rastogi, Yagya Sharma
- May 9, 2021
- 6 min
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.
1,160
Kumari Saloni
- Apr 19, 2021
- 7 min
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.
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