This article argues that the interpretation of the NCLT Mumbai Bench ruling, providing an indefinite extension for the realization of assets by a secured creditor, is contradictory to the settled stance taken by various other NCLT Benches. The decision undermines the entire edifice of IBC itself, which is the timely resolution of the proceedings.

The SC in Crown Theatres has transformed the philosophy of competition regulation to be based on prevention and market correction rather than punishment by confirming the authority of the CCI to deliver structural and behavioral remedies.

The contradiction between moratorium theory and interest accrual practice represents more than a technical legal gap. With the IBC Amendment Bill 2025 currently pending before the Parliament, the opportunity for meaningful reform arises.

The NCLAT’s ruling, though doctrinally clear, exposes a structural vulnerability: the potential for disguised preferences routed through third parties. India’s insolvency regime must evolve beyond formalism.

The divergent fate of Byju’s-Aakash and BPSL indicate the increasing complexities of corporate restructuring in India, where the inflexible requirements of statutory compliance frequently come into conflict with the exigencies of business rescue.

In this article, the author identifies two major challenges revealed by the impugned judgments: lack of a statutory time limit to implement resolution plans and imprecise role of monitoring committees in ensuring implementation of resolution plans.

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.

The tribunal’s stance to reject Philips’ application for capital reduction reflects a restrictive and flawed interpretation of the law.

This post examines the requirement of being a ‘member’ to maintain oppression and mismanagement petitions.

The selective applicability of the provisions of Section 14 to only domestic-seated arbitrations results in several complexities.

NCLT must evolve to address the complexities of family-owned businesses, recognizing the impact of family dynamics on corporate governance.

Arbitration can be initiated while dealing with shareholder disputes if it is found that the origin of the dispute lies in the agreement.

This post outlines the real estate sector’s importance and elucidates the concept of project-wise corporate insolvency resolution process.

The pre-emptive clause in the AOA plays a pivotal role in the management of the company and an omission of the same amounts to O&M.

There is need for balance to be struck between commercial wisdom and ensuring fair and equitable treatment of all stakeholders.

It is important that the law laid down in the case of Hari Babu Thota be reviewed.

The recent Supreme Court judgment has brought forth a crucial clarification regarding the limitation for filing appeals under Section 61.

The exploration of CCDs in insolvency cases shows a complex scenario where debt and equity distinctions are blurred.

Hybrid securities, by virtue of having the best of both the worlds of debt and equity, are a highly desirable instrument.

The legal stance taken by NCLAT ensures that the remedy of compensation granted by RERA remains a robust and effective tool for homebuyers.

This article seeks to analyze the rationale and implications of the change to the aviation sector through the lens of the IBC.

A court of law that cannot ensure compliance to its orders is a mere courthouse of brick and mortar.

Not only did the NCLT decision disallow the repossession of aircraft by the lessor, but it also projected India as a risky jurisdiction.

The article demonstrates that a foreign arbitral award can be enforced by a financial creditor in India under Section 7 of the IBC.