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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
Are Interest-Free Loans “Financial Debt” under the IBC? The Supreme Court’s Answer and Its Limits
Money often moves between group companies, from promoters into their businesses, or from friendly investors, without any stipulated interest. When the recipient later enters
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
Related Parties and Resolution Plans: Can a Related-Party Creditor Claim Equal Treatment?
Group companies routinely lend to one another. When one of them enters a corporate insolvency resolution process (“CIRP”) under the Insolvency and Bankruptcy Code, 2016
Confidentiality in Corporate Insolvency Resolution Process: An Analysis of Cross-Corporate Debtor Claims Computation Under the Insolvency and Bankruptcy Code
A case analysis of Mr. Somshankar Das Gupta Vs. Mr. Rakesh Kumar Agarwal (RP) & Ors., decided by the National Company Law Tribunal (NCLT) on 10.09.2023. Introduction The corpor
Government Debt vs Secured Debt: A Case Analysis
Introduction The question of priority between government debt and secured debt has emerged as one of the most contentious issues in India’s insolvency jurisprudence. When a c
Navigating the Intricacies of Insolvency: A Case Study of Financial Creditorship
Introduction Insolvency proceedings are a critical aspect of financial law, providing a structured process for handling situations where a debtor is unable to meet their financial
The SARFAESI Act: A Case Study on the Rights of Borrowers and Duties of Secured Creditors
Background The Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) is a significant piece of legislation in India th
Understanding the Corporate Insolvency Resolution Process and Liquidation Mechanisms under the Insolvency and Bankruptcy Code, 2016
Introduction The Indian economy witnessed a transformative shift in 2016 when the Insolvency and Bankruptcy Code received Presidential assent on May 28, 2016.
