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Avoidance Transactions under IBC: Ensuring Accountability through the NCLT’s Directive
Introduction The NCLT Ahmedabad Bench’s judgment in *Mr. Shalabh Kumar Daga RP of Silver Proteins Pvt. Ltd. Vs. Mr. Himanshu J Domadia and Ors.* dated 11 March 2024, illumina
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.,
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
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
Financial Debt and Joint Venture Investments: A Comprehensive Legal Analysis Under the Insolvency and Bankruptcy Code
Introduction The Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as “the Code”) represents a watershed moment in India’s commercial jurisprudence, f
Impact of Resolution Plans on Personal Guarantors under IBC
An Examination of the NCLAT’s Stance on Personal Guarantors in Resolution Plans Introduction The relationship between corporate insolvency resolution and personal guarantor liabi
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
Fraudulent Use of Insolvency Proceedings to Evade Tax Liabilities: Analysis of NCLT Kolkata’s Decision in Jayam Vyapaar Pvt. Ltd.
Introduction The relationship between insolvency law and tax enforcement has emerged as one of the most contentious areas in India’s corporate legal framework. The National C
“Preferential Transactions” Section 43(3)(a) of the IBC : An Exception to Preferential Transactions
What is a preferential transaction? A Preferential Transactions is a transfer of property or an interest thereof by a corporate debtor to a creditor or a guarantor for or on accoun
