SC Ruling: Interim Moratorium Under Section 96 Won’t Halt Section 138 NI Act Criminal Prosecution Against Individuals
Authored by: Aaditya Bhatt, Advocate Bhatt & Joshi Associates Introduction In a significant ruling impacting individuals facing cheque dishonour cases while simultaneously unde
Valuation Under IBC: A Global Perspective on India’s IBC Framework
Introduction The concept of valuation lies at the heart of any insolvency regime, serving as the foundational pillar that determines recovery outcomes, influences creditor decision
Post-Notice Disputes as Pre-Existing Disputes Under IBC: A Legal Analysis
Introduction The Insolvency and Bankruptcy Code, 2016 (IBC), provides a structured mechanism for resolving insolvency disputes, particularly through the Corporate Insolvency Resolu
Insolvency and Bankruptcy in India: Comprehensive Analysis of the Insolvency and Bankruptcy Board of India (IBBI)
Introduction to Insolvency and Bankruptcy in India Insolvency and bankruptcy have become central issues in India’s corporate and economic landscape, particularly over the last tw
Inherent and Discretionary Powers of the NCLT and NCLAT under the IBC: Where the Limits Lie
Insolvency proceedings run on a statutory clock. The Insolvency and Bankruptcy Code, 2016 (“IBC”) prescribes who may act, at what stage, and within what time. Yet no st
Interest on Delayed Payments as Operational Debt under the IBC: Thresholds, MSME Claims and the Proper Forum
Examining the Non-Inclusion of Unagreed Interest as Operational Debt and MSME Claims before NCLT and MSEFC A supplier whose invoices remain unpaid may add interest to the pr
Interim Moratorium and Personal Guarantors under Section 96 of the IBC: YES Bank v. Kunal Jiwarajka and the 2026 Amendment
Exploring the interplay of Section 96 of the Insolvency and Bankruptcy Code, 2016 and Section 68 of the Transfer of Property Act, 1882 When a lender invokes a personal guarantee gi
Limitation in Section 7 IBC Applications and the Effect of Parallel SARFAESI Action: The Settled Principles
A financial creditor that has already started enforcing its security under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002
M.K. Rajagopalan v. Dr. Periasamy Palani Gounder: The Supreme Court on Resolution Applicant Eligibility and CoC Approval of Revised Plans
The committee of creditors (“CoC”) sits at the centre of the corporate insolvency resolution process (“CIRP”) under the Insolvency and Bankruptcy Code, 2016
Information Utilities under the IBC: Their Legal Role in Proving Debt and Default after the 2026 Amendments
Most disputes at the threshold of an insolvency case turn on two facts: whether a debt exists and whether it is in default. The Insolvency and Bankruptcy Code, 2016 (“IBCR
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