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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
145
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
253
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
303
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
265
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
130
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
317
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
1,387
De Lege Ferenda: Does Suspension Period Need Urgent Reform?
To ensure proper functioning of internal market, it is crucial to eliminate incentives for parties to move assets or judicial proceedings.
Nitika, Shaurya Shrestha Awasthi
Jul 28, 20246 min read
212
Flexible Resolution Plans: An Egress from the Trap of Going Concern Sales
This article presents flexible resolution approach as a way forward to curb the menace emanating from inclusion of going concern sale.
Anmol Aggarwal, Akshat Verma
Dec 22, 20236 min read
236
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.
Govinda Asawa, Arayan Khare
Nov 4, 20235 min read
585
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.
Shreya Saswati, Sruti Patra
Oct 5, 20236 min read
767
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.
Satwik Mohapatra
Jul 15, 20236 min read
354
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
1,135
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
1,149
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
1,363
The Fate of Pre-Pack in India
The author analyses the possible reasons for the low rate of initiation under the pre-pack framework.
Deepali Bhandari
Jan 16, 20234 min read
835
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
1,059
Rainbow Papers Judgment: A Step Backwards in Insolvency
Per the author, the judgment in Rainbow Papers requires immediate review.
Amar Gupta
Oct 9, 20224 min read
2,489
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
151
Section 29a(H) of IBC: Eligibility of Resolution Applicants
This article critically evaluates the ruling in MBL Infrastructures and the legal precedents surrounding Section 29A of IBC.
Harshit Joshi
Aug 4, 20226 min read
1,080
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
695
Orator Marketing v. Samtex Desinz: A Case Comment
Author offers a critique on the decision of the Supreme Court of India in Orator Marketing v. Samtex Desinz.
Diya Dave
Jul 4, 20226 min read
757
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
1,732
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
1,049
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