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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
Claims Filed Long After CoC Approval: The NCLAT’s Approach to Late Claims During CIRP in the D.S. Kulkarni Proceedings
A resolution plan is priced on the claims placed before the committee of creditors (“CoC”). Late claims in CIRP, particularly those raised long after the CoC has approv
Does a Dissenting Secured Creditor Get the Value of Its Security under the IBC? The Unresolved Question and the 2026 Answer
Secured lenders do not all hold the same security. One may have an exclusive first charge over a valuable asset, while another may have a residual charge over the same estate. When
Decisions of Committee of Creditors to Liquidate under IBC: A NCLAT Judgment Analysis
Understanding the Role of Single Operational Creditor in CoC Under IBC and the Requirement of Reasoning for Liquidation The Insolvency and Bankruptcy Code, 2016 has fundamentally t
Is a Profit-Sharing Investment a Financial Debt under the IBC? Joint Ventures, Section 5(8) and the Realpro Realty Decision
Two parties pool money to develop a property. One puts in seventy-five per cent, the other twenty-five. They share costs, profits and losses in the same ratio. The document calls t
Accountability of Director Under the IBC: The Adya Oils and Chemicals Ltd. Case Before NCLT Mumbai Bench
An Analysis of Director Liability and False Representation Provisions in Corporate Insolvency Proceedings Introduction The National Company Law Tribunal (NCLT) Mumbai Bench recentl
Personal Guarantee Under IBC: Does a Resolution Plan Release the Guarantor?
Most lending to Indian companies of moderate size is supported by a personal guarantee from a promoter or director. When the company is admitted into insolvency and a resolution pl
Inter-Corporate Deposits as Financial Debt: NCLAT Position
An In-depth Analysis of the Case: Ansal Housing Ltd. vs. Samyak Projects Pvt. Ltd. Introduction The relationship between corporate entities often involves financial arrangements th
Assignment of Debt Under Section 7 of the Insolvency and Bankruptcy Code (IBC): An Analysis of Manavta Tradelink Pvt. Ltd. vs. Manikaran Vincom Pvt. Ltd.
Introduction The insolvency regime in India has undergone a transformative journey since the enactment of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as ̶
