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Supreme Court Directions for CoC in Insolvency Proceedings: Safeguarding Homebuyers’ Interests
Introduction The Indian real estate sector has witnessed unprecedented turmoil over the past decade, with thousands of homebuyers trapped in incomplete projects and their life savi
IBBI’s Proposed CIRP Amendments: Strengthening Transparency and Integrity in India’s Insolvency Resolution Framework
Introduction The Insolvency and Bankruptcy Board of India has recently invited public comments on significant amendments to the corporate insolvency resolution process (CIRP), mark
Claims After Resolution Plan is Approved by CoC Should Not Be Accepted
Introduction In a recent decision, the National Company Law Appellate Tribunal (NCLAT) emphasized that claims made after the approval of a Resolution Plan by the Committee of Credi
Financial Debt Under IBC: Navigating Interest-Free Loans Terrain with Insights from the Supreme Court
In a landmark decision, the Supreme Court of India, in the case of *M/s Orator Marketing Pvt. Ltd. vs. M/s Samtex Desinz Pvt. Ltd.*, delves into the intricacies of financial debt u
Commercial Wisdom of Committee of Creditors: Navigating Homebuyer Dissatisfaction in Insolvency Resolutions – Insights from NCLAT
The National Company Law Appellate Tribunal (NCLAT), New Delhi, recently delivered a significant judgment in the case involving Mr. Girish Nalavade against Bhrugesh Amin and Ors.,
Corporate Insolvency: Navigating the Case of Promoter Intervention in Lease Possession Applications
In the evolving landscape of corporate insolvency under Indian law, a recent case sheds light on the rights and limitations of promoters and suspended directors within the insolven
Late Claims in Resolution Plan: A NCLAT Perspective
Introduction A recent landmark judgment by the National Company Law Appellate Tribunal (NCLAT) has shed light on the critical issue of accepting late claims during the Resolution P
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
Withdrawal of Resolution Plan & Performance Security Forfeiture in India’s Corporate Insolvency Resolution Process
Examining the Implications of Transferring Shareholding of Successful Resolution Applicant Introduction The corporate insolvency resolution process under the Insolvency and Bankrup
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
