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Limitation for Operational Creditors under Section 9 of the IBC: Invoices, Part Payments and Acknowledgments
Suppliers often allow invoices to remain unpaid for years in the hope of preserving a commercial relationship. When they eventually turn to Section 9 of the Insolvency and Bankrupt
Section 10A of the IBC and COVID-Period Defaults: The NCLAT Decision in the Sporta Technologies Appeal
Section 10A of the Insolvency and Bankruptcy Code, 2016 (“IBC”) was a pandemic-era measure with a permanent effect: defaults that arose during the protected window can
CIRP Timelines, Aircraft Lessors and Liquidation: What the Go First Proceedings Show about Airline Insolvency
An airline in insolvency raises problems that the Insolvency and Bankruptcy Code, 2016 (“IBC”) was not originally designed for: the most valuable assets are leased, the
Unsecured Creditors Empowered: Rights and Remedies Under the Insolvency & Bankruptcy Code
Introduction Within the complex realm of business transactions, unsecured creditors frequently encounter a dangerous predicament when a debtor declares insolvency. This predicament
Landmark Supreme Court Judgment on Set-off under IBC
Introduction The Supreme Court recently delivered a landmark judgment on the principle of insolvency set-off under the IBC. The case is referred to as Bharti Airtel Ltd and Another
Dissenting Financial Creditors under IBC: A Matter for Larger Bench Consideration
Introduction The Insolvency and Bankruptcy Code (IBC) has been a subject of intense legal scrutiny and interpretation in recent years. One of the most contentious issues pertains t
Navigating Real Estate and Insolvency Laws: A Deep Dive into Mysore Petro Chemicals Ltd. vs. Mrs. Vandana Garg, RP of Raghuleela Builders Pvt. Ltd.
I. The Case in Context The Applicant, having purchased an office unit in the Corporate Debtor’s project “ONE BKC” in Bandra, Mumbai, found themselves embroiled in a legal dis
Asset Revaluation and Resolution Procedures in Insolvency Cases: A Detailed Examination
The NCLAT Ruling in “Masatya Technologies Pvt. Ltd. v. Amit Agarwal & Anr.” Introduction In the realm of insolvency law, the National Company Law Appellate Tribunal’s (NC
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 ̶
Bank Guarantees and Moratorium in Corporate Insolvency: An In-depth Examination of National Small Industries Corporation Ltd. Vs. Sh. Prabhakar Kumar
Introduction The interplay between bank guarantees and the moratorium provisions under the Insolvency and Bankruptcy Code, 2016 (IBC) has emerged as one of the most debated aspects
