Cape Town Convention and Insolvency and Bankruptcy Code: Recent MCA Notification
Not only did the NCLT decision disallow the repossession of aircraft by the lessor, but it also projected India as a risky jurisdiction.
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Chaitanya Gupta
- Nov 1
- 5 min
Enforceability of Foreign Arbitral Awards through Section 7 of IBC
The article demonstrates that a foreign arbitral award can be enforced by a financial creditor in India under Section 7 of the IBC.
87
Shreya Saswati, Sruti Patra
- Oct 5
- 6 min
Limited Responsibility of Asset Reconstruction Companies in the Recovery Process
ARCs have the scope of not just reviving assets but also reviving businesses which would contribute towards a more permanent resolution.
106
Nakshatra Gujrati
- Aug 18
- 5 min
Consent Terms under IBC and Revival of CIRP on its Breach
The recognition of consent terms under the IBC represents a significant development in the Indian insolvency regime.
374
Nishant Kumar
- Aug 6
- 6 min
Opportunity to Public Equity Shareholders to Acquire Shares after CIRP: A Pragmatic Step?
The proposed framework addresses the concerns of small investors and would go a long way in supporting them.
178
Praveen Sharma
- Aug 5
- 6 min
IBC Overrides Electricity Act: Capturing Fallacy in Rainbow Papers
The author argues that the Raman Ispat judgment prudently captures the fallacy in the Rainbow Papers judgment.
187
Vishesh Bhardwaj, Bhabesh Satapathy
- Jul 27
- 6 min
Operational Debt and the Inevitable Dilemma of Computing Interest Without an Express Clause
Tribunals have denied computation of interest without an express agreement for the same. The authors have argued in favour of computation.
226
Satwik Mohapatra
- Jul 15
- 6 min
The Turbulence of GoFirst: Unriddling the Insolvency Puzzle and Implications
The main issue which revolves around the insolvency of GoFirst is the possession of aircraft.
206
Manav Ganapathy
- Jul 9
- 6 min
(Re)Evaluation of the Treatment of Third-Party Security Holders under the IBC
There is need for a legislative amendment to bring in consistency in the treatment given to security holders under a resolution plan.
708
Aditi Kundu
- Jun 8
- 8 min
Principle of Commercial Wisdom Revisited: Comment on MK Rajagopalan v. Dr Periasamy Palai Gounder
The author attempts to analyze the stage that the principle of commercial wisdom of the CoC holds under the Indian insolvency jurisprudence.
581
Pratyush Singh
- May 25
- 6 min
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.
445
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.
990
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.
767
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.
872
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.
809
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.
138
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.
1,074
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.
265
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.
400
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.
1,372
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.
778
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.
448
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.
373
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.
351
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