THE INDIAN REVIEW OF CORPORATE AND COMMERCIAL LAWS

July 28, 2020

[Harshil is a student at Symbiosis Law School.]

In a recent decision of the National Company Law Appellate Tribunal (NCLAT) in Mr Srikanth Dwarakanath, Liquidator of Surana Power Limited v Bharat Heavy Electricals Limited, the tribunal applied provisions of Securitisati...

July 24, 2020

[Keshav is a student at Gujarat National Law University.]

The National Company Law Tribunal (NCLT) Chennai directed the liquidation of Surana Power Limited by an order dated 28 January 2019. The dispute arose over certain equipment and goods (Secured Assets) which were...

July 24, 2020

[Dharmi is a student at NMIMS School of Law, Mumbai.]

On 5 June 2020, in the wake of the COVID-19 pandemic and the subsequent lockdown and with an aim of shielding businesses from being pushed into insolvency proceedings, the much-awaited ordinance suspending initiation...

July 11, 2020

[Divyani is a student at National Law University, Nagpur.]

The Insolvency and Bankruptcy Code 2016 (IBC) is one of the most dynamic statutes to be enacted in recent times. Since its implementation, India’s ranking has meteorically risen under the insolvency head of the...

July 5, 2020

[Aparajita is a student at NALSAR University of Law, Hyderabad.]

On 22 May 2020, the National Company Law Appellate Tribunal (NCLAT), in the matter of State Bank of India v. M/s. Metenere Limited, upheld the order passed by National Company Law Tribunal, Delhi (NCLT), m...

June 28, 2020

[Soham is an Associate at Vashi and Vashi Advocates and Solicitors, Mumbai.]

There is no gainsaying in the fact that whilst an insolvency application filed by an operational creditor can be denied admission on the grounds of a ‘pre-existing dispute’, the Insolvency and...

June 26, 2020

[Sumit is a student at West Bengal National University of Juridical Sciences, Kolkata.]

Unprecedented lockdowns have severely impacted businesses and financial markets and ravaged the foundations of the economy in the country as the corporate defaults have been on the r...

June 26, 2020

[Devansh is a student at Ram Manohar Lohia National Law University.]

The unification of insolvency laws in the form of the Insolvency Bankruptcy Code 2016 (Code) has been a colossal respite to the withering economy replacing the erstwhile Sick Industrial Companies Act (...

[Preksha and Anchit are students at Gujarat National Law University.]

Under Part II of the Insolvency and Bankruptcy Code 2016 (IBC), the adjudicating authority, which is the National Company Law Tribunal (NCLT), has been given wide and extensive powers with respect to...

May 22, 2020

[Arnav Sinha is a fifth-year student at ILS Law College, Pune.]

The Government of India has recently cleared a proposal to amend the Insolvency and Bankruptcy Code 2016 (IBC) in order to add a new section-Section 10A. This proposal is currently awaiting the President’s...

[Aditya Shukla and Lakshaya Grover are students at NALSAR University of Law.]

The Ministry of Corporate Affairs, Government of India, by a notification dated 24 March 2020, raised the minimum amount required under Section 4 of the Insolvency and Bankruptcy Code 2016 (Co...

[Akshay Sharma and Kunwar Surya Pratap are students at National University of Study and Research in Law, Ranchi.]

The insolvency and bankruptcy laws of India have witnessed multiple regimes down the timeline but none of them could satiate the urgent requirement of provi...

[Shivani Shenoy and Yashwardhan Rajawat are students at Symbiosis Law School, Pune.]

The provisions of the Insolvency and Bankruptcy Code 2016 (IBC) became, in the course of operation, repugnant to provisions contained in a number of other laws. However, due to its quas...

[Dhiraj Yadav and Barkha Dwivedi are students at Ram Manohar Lohia National Law University.]

The Indian Parliament enacted the Insolvency and Bankruptcy Code (IBC) in 2016. The objective was to create a comprehensive and efficacious framework for reorganization and reso...

January 11, 2020

[Sumit Kumar Gupta is a student at West Bengal National University of Juridical Sciences, Kolkata.]

In what appears to be a routine judgment, the National Company Law Tribunal (NCLT) may have triggered a chain reaction engulfing the entire industry of financial service...

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