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

The insolvency framework for individuals, sole proprietors, and partnership firms in India is at a transformative juncture.

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.

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 NCLT’s decision reaffirms the principle that a clear distinction must be maintained between the provision of IBC and PMLA.

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

The authors conclude that the dictum is prone to irony and contradicts the objectives of the IBC.

The peculiar scenario of the demise of the PG presents various challenges and opportunities for the legislature.

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

The recent amendment to the Liquidation Regulations has introduced a measure of certainty and clarity for homebuyers.

The ruling in this case has provided clarity on the intersection of guarantee contracts and insolvency and bankruptcy laws.

The selective applicability of the provisions of Section 14 to only domestic-seated arbitrations results in several complexities.

[Zoya and Digvijay are students at National Law University Odisha.] Unprecedented temperatures, pernicious hurricanes and melting...

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

The SC in Sutanu Sinha chose from the diverging set of views on the nature of CCDs and their treatment under the IBC.

This post outlines the real estate sector’s importance and elucidates the concept of project-wise corporate insolvency resolution process.

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.

By upholding appellants’ status as being part of a class of creditors, Supreme Court has managed to preserve the sanctity of 2018 amendment.

[Yadu is a student at Symbiosis Law School, Pune.] Group insolvency is defined under Article 2(f) of the UNCITRAL Model Laws on...

Hari Babu ruling gives scope for abuse of Section 29A by allowing backdoor entry of promoters.

Narrow interpretation of the definition of ‘public servant’ is concerning due to its potential implications.

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.