Interpreting Rainbow Papers: What is a Statutory Charge?
This article attempts to present a narrower interpretation of the Rainbow Papers judgment.
Amar Gupta
- Oct 9
- 4 min
Rainbow Papers Judgment: A Step Backwards in Insolvency
Per the author, the judgment in Rainbow Papers requires immediate review.
234
Amar Gupta
- Oct 2
- 4 min
The Polyvocal Court
The author evaluates the judgment in Vidarbha Industries which reverses the position upheld in Innoventive and Bharath Hi-Tecch.
100
Harshit Joshi
- Aug 4
- 6 min
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.
219
Chhavi Singh
- Jul 12
- 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.
132
Diya Dave
- Jul 4
- 6 min
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.
171
Gaargi Singh
- Jun 13
- 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.
509
Shivam Bhattacharya, Naman Jain
- Jun 1
- 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.
277
Arun Raghuram Mahapatra, Akshat Verma
- Apr 15
- 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.
231
Arun Raghuram Mahapatra, Akshat Verma
- Apr 10
- 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.
270
Dharmendra Chatur
- Apr 7
- 4 min
Public Policy Exception to Proposed Cross-Border Insolvency Law – Two Problems & Proposed Amendments
Author deals with 2 problematic aspects and proposes amendments to public policy exception contained in draft cross border insolvency law.
165
Vedaant Agarwal, Shivankar Sukul
- Apr 2
- 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.
180
Yasaschandra Devarakonda, Sushmit Mandal
- Mar 27
- 10 min
Insolvency Arbitration : Dawn of a New Era in India
Authors argue that insolvency arbitration will evolve into a niche of its own - reaping benefits that the arbitral system has to offer.
421
Sudiksha Ravi
- Feb 25
- 4 min
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.
502
Sakshi Garg
- Feb 14
- 6 min
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.
263
Dakshita Chopra
- Feb 8
- 5 min
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.
209
Ankit Sharma
- Jan 2
- 6 min
Revisiting the Treatment of Subordination Agreements under Section 53 of the IBC
The article makes a plea that subordination agreements between secured creditors be respected under Section 53 of IBC.
513
Vedaant S Agarwal, Pratham P Mohanty
- Aug 7, 2021
- 7 min
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.
673
Kumari Saloni
- May 14, 2021
- 6 min
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.
502
Kumari Saloni
- Apr 19, 2021
- 7 min
IBC: Avoidance Proceedings Beyond Resolution in Light of Venus Recruiters
The author examines a recent Delhi HC ruling that attempts to recognize the gap in the law regarding avoidance applications post-resolution.
371
Vinisha Jain, Damini Chouhan
- Mar 25, 2021
- 4 min
Ramesh Kymal v M/s Siemens Gamesa Renewable Power: Quandary of Section 10A
The authors examine how Ramesh Kymal v Siemens Gamesa Renewable Power aptly depicts Section 10A as being asymmetrical and inadvertent.
732
Abhishek Jamalpur
- Dec 15, 2020
- 4 min
Analysing the Unenforceability of Ipso Facto Clauses During Insolvency Process
The article discusses ipso facto clauses from the standpoint of insolvency and liquidation process.
296