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Dissenting Financial Creditors under the IBC: The DBS Bank v. Ruchi Soya Reference and the New Section 30(2)(ba)
A resolution plan under the Insolvency and Bankruptcy Code, 2016 (“IBC”) binds every creditor once approved, including financial creditors who voted against it. This ra
Homebuyers and Other Consumers under the IBC: Why the Law Treats Them Differently
A family that has paid instalments for an apartment and a traveller who has paid for an airline ticket are both, in ordinary language, consumers who paid in advance for something t
Can Tax Refunds Be Set Off Against Dues During the IBC Moratorium? The Kotak Urja Ruling and 2026 Law
Tax authorities routinely adjust a refund due to a taxpayer against outstanding tax demands of the same taxpayer. When the taxpayer is a company undergoing corporate insolvency res
Claims After Resolution Plan is Approved by CoC Should Not Be Accepted
Introduction In a recent decision, the National Company Law Appellate Tribunal (NCLAT) emphasized that claims made after the approval of a Resolution Plan by the Committee of Credi
Threshold Limit Under IBC Section 9 for Initiating Insolvency: Clarification by NCLT Mumbai Bench
Introduction In a recent judgment, the NCLT Mumbai Bench has provided important clarifications regarding the applicability of the threshold limit for initiating corporate insolvenc
Limitation Period in IBC Proceedings: Analyzing the Role of Limitation in Section 9 Applications – Insights from NCLT Mumbai Bench
Introduction In a significant ruling by the NCLT Mumbai Bench, a critical examination of the limitation period in the Insolvency and Bankruptcy Code (IBC), 2016, Proceedings unde
Tax Challenges in IBC: Strategies for Overcoming Hurdles
Introduction The Insolvency and Bankruptcy Code (IBC) was enacted in 2016 with the aim of revolutionizing India’s corporate landscape by expediting debt recovery, facilitatin
Pre-Packaged Insolvency Resolution Process (PPIRP): Unraveling Its Potential in the Realm of IBC
Introduction In recent years, the landscape of insolvency and bankruptcy resolution in India has undergone significant transformations, spurred by the enactment of the Insolvency a
Dream11’s Parent Company Insolvency Plea: NCLAT Reserves Judgment
Introduction The National Company Law Appellate Tribunal (NCLAT) has kept its judgment pending regarding a plea filed by Bhavit Sheth, the co-founder and COO of Dream11, challengin
Avoidance Transactions under IBC: Ensuring Accountability through the NCLT’s Directive
Introduction The NCLT Ahmedabad Bench’s judgment in *Mr. Shalabh Kumar Daga RP of Silver Proteins Pvt. Ltd. Vs. Mr. Himanshu J Domadia and Ors.* dated 11 March 2024, illumina
