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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
The Intersection of SARFAESI Act and IBC: A Comprehensive Analysis of Haldiram Incorporation Pvt. Ltd. v. Amrit Hatcheries Pvt. Ltd. and Others
Introduction The interaction between the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) and the Insolvency and
IBC 2016 and SARFAESI Act, 2002 Interplay: An Impactful Analysis in a Landmark Judgment
Introduction The recent judgment by the Kerala High Court, presided over by Hon’ble Mr. Justice N. Nagaresh, in the case of Jeny Thankachan vs. Union of India and Ors. offers a s
Cross-Border Insolvency in India: Legal Framework and Emerging Jurisprudence
Introduction The increasing integration of global economies has fundamentally transformed how businesses operate across international borders. As multinational corporations expand
MSMEs and Insolvency: A Special Treatment under the Insolvency and Bankruptcy Code
Introduction Micro, Small and Medium Enterprises represent the backbone of India’s economic structure, serving as crucial drivers of employment, manufacturing output, and ent
Liquidator Fee Computation and Period Exclusion under the IBC
Introduction The Insolvency and Bankruptcy Code, 2016 (IBC) represents a watershed moment in India’s insolvency resolution framework, establishing a time-bound and comprehens
GST Registration Cancellation: A Comprehensive Legal Analysis Through Judicial Precedent
Introduction The Goods and Services Tax regime in India, implemented through the Central Goods and Services Tax Act, 2017, established a comprehensive framework for indirect taxati
