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How to appeal an NCLT order to the NCLAT
An order of the National Company Law Tribunal can change control of a company overnight. An admission order under the Insolvency and Bankruptcy Code, 2016 triggers a moratorium and
Personal Guarantor Insolvency under the IBC: What to Expect
Promoters and directors often provide personal guarantees for company loans to secure financing from creditors. Earlier, if the company defaulted, creditors generally had to pursue
Minimum Default Amount to Trigger IBC Proceedings
The Insolvency and Bankruptcy Code, 2016 (IBC) does not apply to every unpaid debt. A minimum default amount under IBC determines whether a creditor can initiate insolvency proceed
NCLT Ahmedabad Jurisdiction: Which Disputes Can Be Filed Before the Bench?
The National Company Law Tribunal (NCLT) is a key forum for corporate disputes in India, particularly matters arising under the Companies Act, 2013 and the Insolvency and Bankruptc
Operational vs Financial Creditor Under IBC: Filing Strategy and Thresholds
Executive Summary The distinction between an operational creditor and a financial creditor under the Insolvency and Bankruptcy Code, 2016 (“IBC” or “the Code̶
Can Courts Recall a Liquidation Order to Protect Market Sentiment: Judicial Economy or Judicial Overreach?
Abstract The Supreme Court of India’s handling of the Bhushan Power and Steel Limited (“BPSL”) insolvency has triggered one of the most consequential debates in I
Comprehensive Legal Defense Against Invocation of Section 74 of the CGST Act, 2017: Analyzing ‘Willful Suppression’ in the Context of Insolvency and Non-Realization of Professional Fees
Executive Summary The present legal analysis evaluates the defense strategy for a Writ Petition challenging the invocation of Section 74 of the CGST Act on allegations of willful s
Promoter’s Undertaking to Infuse Funds Does Not Amount to a Contract of Guarantee Under Section 126 of the Indian Contract Act: A Critical Analysis of the Supreme Court’s Ruling
Introduction The Supreme Court of India recently delivered a significant judgment that clarifies the legal distinction between a promoter’s undertaking to arrange funds for a
MSME CIBIL Score Upgradation After Insolvency: Insolvency Law, Credit Reporting Disputes, and MSME Remediation Under IBC
Executive Summary The modern Indian financial ecosystem operates on a dual-axis framework: the regulatory rigidity of banking norms and the restorative flexibility of insolvency la
Personal Criminal Liability of Directors Under Section 138 NI Act Remains Unaffected by IBC Moratorium: Bombay High Court Ruling
Introduction The intersection of insolvency law and criminal liability has emerged as one of the most debated areas in contemporary Indian jurisprudence. The Bombay High Court̵
