top of page
Beyond the Moratorium: Coordinating Consumer Proceedings with CIRP after Tejas J Shah
The author's submission is that Tejas J Shah is rightly decided and useful for correcting a specific adjudicatory error, but that its doctrinal contribution is narrower than a first reading suggests.
Rishi Kumar
Oct 26 min read
Beyond Coordination: Designing Statutory Consolidation for India's Group Insolvencies
The blog puts forth the idea of having a statutory synergy threshold test with a 75% equity ownership trigger, based on value-flow modelling, which would facilitate comprehensive resolutions and help in unlocking the value trapped in India's 300+ group-linked NPAs.
Akshit Dwivedi, Dipti Singh
Sep 306 min read
Beyond Ownership: Government Licences and the Limits of IBC's Rescue Objective
This article argues that the Supreme Court’s decision undermines the rescue-oriented objective of the IBC and examines potential solutions adopted by major jurisdictions worldwide.
Priya Sharma
Sep 287 min read
Small and Medium REITs and the Insolvency Question SEBI Never Answered
The central thesis: India has a statutory answer for retail investors stranded inside a single insolvent asset-holding company; it has simply never been asked whether that answer was built wide enough to reach this particular investor.
Pranay Rajesh Sonkusare
Sep 176 min read
From AGR to Aircel: How the Supreme Court Wrote Spectrum Out of IBC
Until Parliament and Insolvency and Bankruptcy Board of India catch up, TSP resolutions, as well as those of other natural resources, will sit in the gap that the Supreme Court has just defined.
Sumedha Kashyap
Sep 126 min read
Section 240C and the ‘Blank Cheque’ Problem in Cross-Border Insolvency
This piece argues that the manner in which Section 240C has been drafted is more than just an ordinary administrative delegation and can lead to the delegation of the essential legislative function.
Kartik Kanodia
Sep 46 min read
Algorithmic Bias in IBBI's Mandatory AI Fraud Detection: Constitutional Risks to IBC Equity
The interdisciplinary blind spot of merging insolvency law, AI ethics, and constitutional due process asks for a thorough examination, as NCLT bottlenecks at the same time lower the capability of value maximization.
Akshit Dwivedi
Sep 45 min read
Reconceptualising the IBC for AI: A Case for Asset Stacks
This article argues that, instead of focusing on who owns each individual component, the IBC should recognise the corporate debtor’s commercial interest in the AI asset stack.
Raghav Krishna Agnihotri, Madhav Krishna Agnihotri
Sep 16 min read
Trademark Title Disputes in CIRP: Reconciling Value Maximisation With Jurisdictional Limits After Gloster
This article argues that insolvency law must respond to trademark title disputes through contractual structuring within the resolution plan.
Moksha Pancholi
Aug 307 min read
CIIRP and the Debtor-in-Possession Model: A Structural Paradox
The authors intend to analyse the CIIRP framework by positioning it against the US DIP model and examining the institutional shortcomings.
Divyanshi Srivastava, Vanshika Kamboj
Aug 296 min read
Data as an Insolvency Asset: The IBC-DPDPA Disconnect
The JetAirways proceedings illustrated a legal vacuum which is yet to be addressed.
Prachi Pravasini, Sneh Kumkum Kaushik
Aug 276 min read
The Six-Day Paradox: How Surana Dismantles the Procedural Premise of Section 28A's Coordinated Realisation Framework
The protections conferred on CIRP participants through Section 21(2) show that Part III’s silence creates an arbitrary distinction between two classes of insolvent that Article 14 cannot sustain.
Anagh Dixit, Mansi Shrivastava
Aug 216 min read
Seen, But Not Heard: The Unfinished Business of Regulation 38A
This piece aims to examine the practical consequences of leaving the concept of “treatment” undefined and proposes reforms that may help give substantive effect to the protection contemplated under Regulation 38A.
Kriti Kabra
Aug 185 min read
When Insolvency Substitutes for Real Estate Regulation
The real question is not whether homebuyers belong within the IBC. It is why insolvency law has become the institution through which failures of real estate regulation are increasingly corrected, and how long a regulator can keep failing before the statute quietly covering for it is mistaken for the solution.
Aditya Gyawali
Aug 175 min read
CIIRP and the Creditor Hierarchy Problem under Insolvency and Bankruptcy Code Amendment Act 2026
The IBBI has, in the deferred commencement window, a rare opportunity to get this right before a single CIIRP is filed.
Chitraksh Singh Bhati
Aug 155 min read
Clean Slate or Blank Cheque: Contingent Claims and IBC
The nil valuation of contingent claims under the IBC is operationally convenient, judicially endorsed, and now sits atop a firm statutory footing after the 2026 Amendment, but it remains unjustified in its current form.
Naman Dudhoria
Aug 156 min read
Commercial Velocity at the Cost of Procedural Balance? Rethinking Reforms Under IBC (Amendment) Act 2026
Real systemic growth occurs when fairness is not compromised to achieve commercial speed.
Kalyani Kaushik
Aug 146 min read
The Pre-Pack Paradox: How PPIRP Recreated the Inefficiencies it was Built to Fix
PPIRP’s record of sixteen admissions in four years is not a marketing problem, and the 2026 Act’s improvements do not resolve it.
Yatharth Chakravarty
Aug 97 min read
Personal Insolvency and Section 138 of NI Act: A Critical Examination of Dinesh Chand Surana
The reference in Surana presents an opportunity for the Supreme Court to reaffirm the underlying philosophy of personal insolvency law.
Md Muneeb Hussain
Aug 96 min read
When Veil Piercing Replaces Statutory Interpretation: The Unresolved Question in Alpha Corp v. GNIDA
The Supreme Court's judgment in Alpha Corp has been widely read as a homebuyer-protective ruling; that reading is accurate as far as it goes.
Kshitij Saruparia, Apeksha Kachhawaha
Aug 35 min read
Clean Slate or Legal Fiction? Set-Off After Ujaas Energy
The decision in Ujaas Energy highlights the inherent tension between finality and fairness in the IBC framework.
Shivam Kumar Mishra
Jul 316 min read
Reversing Rainbow Papers, Revealing New Risks: The CIIRP Gap in 2026 IBC Amendment
The effectiveness of CIIRP post-Amendment will ultimately depend upon preventing disruptive pre-insolvency enforcement that frustrates restructuring efforts.
Addepalli Aaditya Hridai, Prajjwal Pandey
Jul 225 min read
A Proceeding Divided Against Itself: The Bifurcation Holding in Dineshchand Surana and the Unresolved Fate of P Mohanraj
Until the three-judge bench rules, the operative position is Surana’s bifurcation, reached by a route the statute does not actually require.
Apeksha Kachhawaha, Kshitij Saruparia
Jul 196 min read
Legitimacy Begins with Notice: CIIRP and the Collective Character of Insolvency
The IBC was never meant to be a code of private enforcement. It is a statute of public restructuring, where creditor control is legitimate because it is bound by statute and under adjudicatory supervision. CIIRP diminishes the first moment of that supervision and must therefore heighten the requirements of notice and objection rights.
Devansh Awasthi
Jul 147 min read
bottom of page