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Personal Guarantor Liability Post-Insolvency: Supreme Court’s Expansive Interpretation
Introduction The insolvency regime for personal guarantors to corporate debtors represents one of the most contentious and rapidly evolving areas of India’s insolvency jurisp
Supreme Court Clarifies Scope of Inherent and Discretionary Powers of NCLT and NCLAT
Introduction In recent landmark judgments, the Supreme Court of India has delineated the boundaries within which the National Company Law Tribunal (NCLT) and the National Company L
Interest Claims and Operational Debt under the IBC – Analyzing the NCLT’s Stand
Examining the Non-Inclusion of Unagreed Interest as Operational Debt and MSME Claims before NCLT and MSEFC Introduction: NCLT Ruling on Interest Claims and Operational Debt In a la
Tax Challenges in IBC: Strategies for Overcoming Hurdles
Introduction The Insolvency and Bankruptcy Code (IBC) was enacted in 2016 with the aim of revolutionizing India’s corporate landscape by expediting debt recovery, facilitatin
Pre-Packaged Insolvency Resolution Process (PPIRP): Unraveling Its Potential in the Realm of IBC
Introduction In recent years, the landscape of insolvency and bankruptcy resolution in India has undergone significant transformations, spurred by the enactment of the Insolvency a
Interest Claims in IBC: Navigating A Closer Look at Siddharth Enterprises Vs. Shapoorji Pallonji
Introduction: Scrutinizing Interest Claims in IBC The NCLT Mumbai Bench’s decision in *Siddharth Enterprises Vs. Shapoorji Pallonji and Company Pvt. Ltd.*, dated 12 March 202
Cash Payments to Operational Creditors: Ensuring Fairness in Resolution – The NCLAT’s Stance
Introduction The NCLAT’s judgment dated 01.04.2024 in the case of *Gupta Textiles Vs. Darshan Patel and Ors.* presents a pivotal moment in the interpretation of the Insolvenc
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
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
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
