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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
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
The Importance of a Succession Certificate in Share Transmission
Introduction In a landmark ruling by the National Company Law Appellate Tribunal (NCLAT) Chennai, it was held that shares cannot be transmitted without obtaining a Succession Certi
SEBI Regulatory Landscape: Powers, Processes, and Consequences
Part 1: Introduction The Securities and Exchange Board of India, or SEBI for short, is a regulatory agency that was established by the government of India in the year 1992 under th
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
Powers of the NCLT in Cases of Oppression and Mismanagement
Introduction The National Company Law Tribunal (NCLT) stands as a pivotal institution in India’s corporate landscape, safeguarding shareholder interests and ensuring fair cor
Revival Over Liquidation: NCLAT’s Jurisprudence and the Insolvency and Bankruptcy Code Framework
Comprehensive Analysis of the NCLAT Judgment: Gayatri Polyrub Pvt. Ltd. Vs. Anil Kohli & Anr. and its Implications for Insolvency Proceedings in India Introduction The National
