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Avoidance Transactions under the IBC: The Duty to Form an Opinion, Regulation 35A and the 2026 Changes
Companies in distress sometimes shift value out before insolvency: an old debt is paid in preference to others, an asset is sold cheaply to a connected party, or a loan is taken on
Siddharth Enterprises v. Shapoorji Pallonji: A Case Note on MSME Interest Claims in Section 9 Proceedings
This note examines whether statutory interest claimed by an MSME can be relied on under Section 9 of the Insolvency and Bankruptcy Code, 2016 (“IBC”) to establish an op
Must Operational Creditors Be Paid in Cash under a Resolution Plan? Section 30(2)(b) of the IBC after Gupta Textiles
Resolution applicants sometimes propose to satisfy operational creditors with securities instead of cash, including equity shares, preference shares, or instruments payable in the
Adverse Possession in India: 12-Year Rule, Proof, and Recent SC Rulings
Introduction Adverse possession, a principle that might sound arcane to the layperson, embodies a fascinating aspect of property law, granting title to occupants of land under spec
Liquidated Damages under Section 74 of the Contract Act: Does a Claimant Still Have to Prove Loss?
Commercial contracts routinely include a liquidated damages clause that fixes a sum payable for breach, such as a specified amount for each week of delay or a percentage of the con
Can Homebuyers Challenge a CoC-Approved Resolution Plan? Limits of Appellate Review Under the IBC
Homebuyers under IBC are treated as financial creditors, but they form a class and vote through an authorised representative. The representative votes according to the decision of
Do Promoters and Suspended Directors Have Locus Standi to Intervene in CIRP Applications?
Once a company is admitted into a corporate insolvency resolution process (“CIRP”) under the Insolvency and Bankruptcy Code, 2016 (“IBC”), the board’s
How Tribunals Decide What Qualifies as Financial Debt under the IBC: Deposits, Guarantees and Assured Returns
Two creditors may be owed identical sums by the same company and yet occupy entirely different positions in its insolvency: one sits on the committee of creditors and votes on the
Set-Off Under IBC: What the Supreme Court Decided in Bharti Airtel v. Vijaykumar V. Iyer
Two companies that deal with each other in both directions often settle on a net basis. If one of them enters a corporate insolvency resolution process (“CIRP”), the ot
Minimum Payments under a Resolution Plan: Section 30(2)(b), Nil Liquidation Value and the New Clause (ba)
When a company’s liquidation value is exhausted by secured creditors, the notional entitlement of operational creditors and unsecured financial creditors in a liquidation is
