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Set-Off Under IBC: What the Supreme Court Decided in Bharti Airtel v. Vijaykumar V. Iyer
Two companies that deal with each other in both directions often settle on a net basis. If one of them enters a corporate insolvency resolution process (“CIRP”), the ot
Minimum Payments under a Resolution Plan: Section 30(2)(b), Nil Liquidation Value and the New Clause (ba)
When a company’s liquidation value is exhausted by secured creditors, the notional entitlement of operational creditors and unsecured financial creditors in a liquidation is
Does the IBBI Lose Disciplinary Jurisdiction Once an Insolvency Professional Becomes a Liquidator? The Madras High Court’s Answer
An insolvency professional who is appointed resolution professional, and who is later appointed liquidator by the same tribunal, may feel that he has moved from one statutory world
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
A SARFAESI Auction That Closed Before the Moratorium: What Haldiram Incorporation Actually Decided
A bank enforces its security under the SARFAESI Act, sells the mortgaged property at auction, and issues a sale certificate. Days later, the borrower is admitted into insolvency an
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
