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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.
Aditi Kundu
Jun 8, 20238 min read
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.
Pratyush Singh
May 25, 20236 min read
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.
Kumar Shubham, Divyansh Bhardwaj
Apr 26, 20236 min read
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.
Aayush Panwar, Aditya Maheshwari
Feb 8, 20235 min read
Powers of ED Under Prevention of Money Laundering Law and the Tussle with IBC
The author examines the constant tussle between PMLA and IBC.
Manik
Jan 23, 20234 min read
Interpreting Rainbow Papers: What is a Statutory Charge?
This article attempts to present a narrower interpretation of the Rainbow Papers judgment.
Pratyush Singh
Nov 15, 20226 min read
The Polyvocal Court
The author evaluates the judgment in Vidarbha Industries which reverses the position upheld in Innoventive and Bharath Hi-Tecch.
Amar Gupta
Oct 2, 20224 min read
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.
Harsh Tomar
Sep 21, 20227 min read
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.
Sanya Goel
Sep 16, 20225 min read
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.
Chhavi Singh
Jul 12, 20226 min read
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.
Gaargi Singh
Jun 13, 20227 min read
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.
Shivam Bhattacharya, Naman Jain
Jun 1, 20225 min read
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.
Arun Raghuram Mahapatra, Akshat Verma
Apr 15, 20224 min read
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.
Arun Raghuram Mahapatra, Akshat Verma
Apr 10, 20227 min read
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.
Vedaant Agarwal, Shivankar Sukul
Apr 2, 202211 min read
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.
Sudiksha Ravi
Feb 25, 20224 min read
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.
Sakshi Garg
Feb 14, 20226 min read
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.
Dakshita Chopra
Feb 8, 20225 min read
Revisiting the Treatment of Subordination Agreements under Section 53 of the IBC
The article examines the NCLAT ruling Technology Development Board v. Anil Goel.
Ankit Sharma
Jan 3, 20227 min read
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.
Vedaant S Agarwal, Pratham P Mohanty
Aug 7, 20217 min read
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.
Shubham Gupta, Mohak Thukral
May 27, 20217 min read
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.
Tejas Hinder, Diksha Bhatt
May 20, 20215 min read
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.
Kumari Saloni
May 14, 20216 min read
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.
Paridhi Rastogi, Yagya Sharma
May 9, 20216 min read
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